A  LETTER 
TO  THE  SHERIFFS  OF  BRISTOL 

EDMUND  BURKE 


EDITED 

WITH  AN  INTRODUCTION  AND  NOTES 
BY 

JAMES  HUGH  MOFFATT 

ASSISTANT    PROFESSOR    OF    ENGLISH    LITERATURE 

CENTRAL    HIGH    SCHOOL 

PHILADELPHIA 


HINDS,  NOBLE  &  ELDREDGE 
PHILADELPHIA  NEW  YORK 


COPYRIGHT,  1904, 
HINDS,  NOBLE  &  ELDREDGE. 


PREFACE. 


A  regulation  of  the  State  Board  of  Law  Examiners  of 
Pennsylvania,  which  went  into  effect  in  January,  1903, 
requires  that  all  applicants  for  examination  and  registra 
tion  as  students  at  law  "  must  be  able  to  pass  a  satisfac 
tory  examination  upon  the  subject-matter,  the  style  and 
the  structure,  and  to  answer  simple  questions  on  the 
lives  of  the  authors"  of  twelve  English  classics,  among 
which  are  Burke's  Speech  on  Conciliation  with  America, 
and  his  Letter  to  the  Sheriffs  of  Bristol.  The  lack  of  any 
well  annotated  edition  of  Burke's  Letter  led  to  the  prepa 
ration  of  this  volume,  which  aims  to  present  in  convenient 
form  the  facts  of  Burke's  life,  the  text  of  the  Letter,  and 
the  notes  necessary  to  a  full  understanding  of  the  text. 
In  the  Notes  facts  of  special  interest  to  students  at  law 
have  been  pointed  out. 

The  interest  and  value  of  this  Letter  is  not  limited  to 
students  at  law.  It  will  be  found  of  great  value  in  all 
schools  as  a  model  of  style  and  reasoning.  Its  subject- 
matter  is  also  of  great  interest,  for  it  reveals  the  attitude 
and  arguments  of  many  English  statesmen  in  the  critical 
struggle  which  led  to  the  founding  of  our  nation. 

The  text  of  the  Letter  is  that  of  the  first  edition,  cor 
rected  by  comparison  with  the  fourth  edition,  and  the 
first  edition  of  Burke's  collected  works.  In  the  prepara- 

iii 

221851 


iv  PREFACE. 

tion  of  the  Notes,  the  editor  acknowledges  his  indebted 
ness  to  earlier  editors,  especially  to  Prof.  F.  G.  Selby. 
He  desires  to  express  his  appreciation  of  the  sympathetic 
help  of  his  colleagues,  Professors  Albert  H.  Smyth  and 
John  Louis  Haney,  and  of  his  classmate,  Irvin  Shupp,  Jr. 
He  is  especially  grateful  to  Prof.  Franklin  Spencer 
Edmonds  for  his  concise  account  of  the  origin  and  applica 
tion  of  THE  WRIT  OF  HABEAS  CORPUS,  which  forms  the  third 
section  of  the  Introduction;  and  to  David  Wallerstein, 
Esq.,  whose  enthusiastic  admiration  of  Burke  and  ac 
quaintance  with  his  writings  led  to  many  valuable  sugges 
tions  in  the  Introduction  and  the  Notes.  The  editor 
hopes  that  those  who  read  this  Letter  may  show  in  their 
practice  of  law  and  their  criticism  of  the  principles  of 
law  the  same  spirit  of  humanity  which  characterises  all 
of  Burke's  writings. 

J.  H.  M. 

Central  High  School, 
May  21,  1904. 


TABLE  OF  CONTENTS. 


INTRODUCTION  :  PAGE 

The  Life  of  Edmund  Burke vii 

Burke   and   the   American  Kevolution     .     .  xxii 

The  Writ  of  Habeas  Corpus xxxiii 

Bibliography xxxvii 

LETTER  TO  THE  SHERIFFS  OF  BRISTOL     ....  1 

NOTES                                           61 


INTRODUCTION. 


THE  LIFE  OF  EDMUND  BURKE. 

WHEN  Edmund  Burke  died  in  1797,  George  Canning 
wrote  to  one  of  Lord  Malmesbury's  embassy :  "  There  is 
but  one  event,  but  that  is  an  event  for  the  world, —  Burke 
is  dead.  .  .  .  He  is  the  man  that  will  mark  this  age, 
marked  as  it  is  in  itself  by  events,  to  all  time."  1  During 
the  twenty-nine  years  from  1765  to  1794,  in  which  Burke 
was  a  member  of  the  House  of  Commons,  he  was  actively 
interested  in  every  measure  of  constitutional  and  colonial 
importance.  As  a  political  pamphleteer  and  legislator, 
he  helped  to  remove  the  unjust  restrictions  from  Ireland's 
commerce ;  to  grant  the  privileges  of  citizenship  to  Roman 
Catholics;  to  preserve  the  independence  of  the  represen 
tatives  of  the  people  in  Parliament  from  the  unconsti 
tutional  influence  of  the  King;  and  to  protect  the  King 
and  the  Church  from  the  destructive  influence  of  the 
French  Revolutionists.  His  greatest  work  was  in  dis 
cussing  and  determining  the  relation  of  the  imperial 
government  to  the  colonies,  both  in  the  case  of  the 
Americans,  who  claimed  their  rights  as  Englishmen,  and 
of  the  people  of  India  whose  sufferings  from  English 
injustice  were  scarcely  known  in  England. 

1  Malmesbury'g  Diaries,  London,  1844,  III.  398. 

vii 


viii  INTRODUCTION. 

Burke's  writings  have  been  prized  for  one  hundred  and 
twenty  years  by  statesmen  and  scholars.,  not  so  much  for 
their  historical  value  as  for  their  political  principles 
and  literary  style.  "Burke  is  the  one  Englishman  who 
has  succeeded  in  attaining  first  rate  eminence  both  in 
politics  and  in  literature  by  one  and  the  same  set  of 
writings."  x  Yet  he  was  always  handicapped  by  the  cir 
cumstances  of  his  life.  His  family  had  none  of  that  social 
influence  which  is  so  essential  to  success  in  English  public 
life;  he  was  seldom  in  good  health  and  always  more  or 
less  in  debt.  The  secret  of  his  success  can  be  found 
in  his  unselfish  sympathy  and  far-reaching  ability  and 
zeal  for  work.  As  his  cousin  said,  Burke  was  "full  of 
real  business,  intent  upon  doing  solid  good  to  his  country 
as  much  as  if  he  was  to  receive  twenty  per  cent  from  the 
commerce  of  the  whole  empire  which  he  labours  to 
improve  and  extend."2  Burke  himself,  in  the  Letter  to  a 
Noble  Lord,  said,  "  Nitor  in  adversum  is  the  motto  for 
a  man  like  me.  ...  At  every  step  of  my  progress  in 
life,  (for  in  every  step  was  I  traversed  and  opposed), 
and  at  every  turnpike  I  met,  I  was  obliged  to  show 
my  passport,  and  again  and  again  to  prove  my  sole  title 
to  the  honour  of  being  useful  to  my  country,  by  a  proof 
that  I  was  not  wholly  unacquainted  with  its  laws  and 
the  whole  system  of  its  interests  both  abroad  and  at 
home."  3 

Burke's  father  was  a  well-to-do  lawyer  of  Dublin 
and  gave  his  son  a  good  education  at  the  boarding  school 
of  Abraham  Shackleton,  a  Quaker,  and  afterwards  at 

1  Sir  J.   F.   Stephen,  Horce  Sabbaticce,  3rd  Series,  1894,  p.  93. 

2  Prior's  Life  of  Burke,   5th  Edition,  London,  1854,  p.  89. 
8  Burke's    Works,    Boston,    1899,    V.    193. 


INTRODUCTION.  ix 

Trinity  College^  Dublin,  where  Edmund  formed  an  excel 
lent  habit  of  general  reading,  spending  three  hours  every 
day  in  the  library.  Later  in  life,  Burke  wrote  to  his  own 
son:  "Reading,  and  much  reading,  is  good;  but  the 
power  of  diversifying  the  matter  infinitely  in  your  own 
mind,  and  of  applying  it  to  every  occasion  that  arises,  is 
far  better." 1  For  two  years  after  graduation,  Burke 
studied  law  in  his  father's  office  and  then  in  1750  went  to 
London  to  complete  his  legal  education,  for  a  regulation 
required  that  candidates  for  the  Irish  Bar  should  study 
in  the  legal  societies  of  the  Inner  and  Middle  Temple, 
London. 

Burke  always  had  a  high  veneration  for  the  legal  pro 
fession;  in  his  speech  on  American  Taxation,  he  said  of 
Mr.  Grenville :  "  He  was  bred  to  the  law,  which  is,  in 
my  opinion,  one  of  the  first  and  noblest  of  human  sciences ; 
a  science  which  does  more  to  quicken  and  invigorate  the 
understanding,  than  all  the  other  kinds  of  learning  put 
together ;  but  it  is  not  apt,  except  in  persons  very  happily 
born,  to  open  and  to  liberalize  the  mind  exactly  in  the 
same  proportion."2  Burke,  however,  neglected  his  stud 
ies;  he  was  more  interested  in  literature  and  in  the  pro 
ceedings  of  Parliament.  Many  evenings  he  spent,  an 
eager  listener,  in  the  gallery  of  the  House  of  Commons, 
which  later,  in  his  parliamentary  career,  was  often  cleared 
of  v  visitors  lest  his  eloquence  should  have  too  great  an 
influence  on  the  public.  Burke  was  soon  forced  to  make 
his  own  living,  chiefly  by  writing  for  publishers,  because 
his  disappointed  father  refused  to  continue  his  annual 


1  Burke's  Correspondence,  London,  1844,  I.  456. 
2Burke's    Works,   II.   37. 


x  INTRODUCTION. 

allowance  of  £100.  His  first  important  publications  were 
A  Vindication  of  Natural  Society,  an  indirect  reply  to 
Lord  Bolingbroke's  defence  of  natural  religion,  and  A 
Philosophical  Inquiry  into  the  Origin  of  our  Ideas  of  the 
8ublime  and  Beautiful,  which,  though  now  obsolete,  had 
the  important  effect  of  causing  the  German  scholar,  Les- 
sing,  to  write  LaoJcoon,  one  of  the  earliest  essays  on  mod 
ern  art  criticism.  A  year  later  Burke  began  An  Abridg 
ment  of  English  History,  which  he  never  completed.  His 
more  important  historical  work  was  the  editing  of  the 
Annual  Register,  which  is  still  published,  giving  a  brief 
summary  of  the  important  events  of  each  year. 

These  four  works  are  his  only  non-political  writings. 
Everything  else  that  Burke  wrote  was  in  direct  support 
of  some  public  measure.  In  1761  he  entered  upon  the 
feverish  life  of  a  politician,  becoming  private  secretary 
of  William  Gerard  Hamilton,  who  was  Chief  Secretary 
of  the  Earl  of  Halifax,  the  Lord  Lieutenant  of  Ireland. 
Hamilton  was  nicknamed  "  Single  Speech,"  because  his 
first  speech  in  the  House  of  Commons  was  so  excellent 
that  he  never  ventured  to  make  another.  Hamilton  rec 
ognised  Burke's  ability  and  attempted  to  monopolise  his 
efforts  by  securing  for  him  an  annual  pension  of  £300. 
Burke  refused  to  become  his  political  slave  and  wisely 
gave  up  the  pension. 

On  his  return  to  England,  Burke  joined  with  his 
friends,  Dr.  Samuel  Johnson,  Sir  Joshua  Reynolds,  Oliver 
Goldsmith,  and  others,  to  form  the  famous  Literary  Club. 
Burke  was  one  of  the  few  men  whom  Dr.  Johnson  re 
spected  as  equals.  He  said :  "  Burke  is  the  only  man 
whose  common  conversation  corresponds  with  the  general 


INTRODUCTION.  xi 

fame  which  he  has  in  the  world.  Take  up  whatever  topic 
you  please,  he  is  ready  to  meet  you.  ...  He  does  not 
talk  from  a  desire  of  distinction,  but  because  his  mind  is 
full.  .  .  .  He  is  never  what  we  call  hum-drum;  never 
unwilling  to  begin  to  talk,  nor  in  haste  to  leave  off." 
When  Burke  with  other  friends  came  to  bid  farewell  to 
Johnson  on  his  death  bed,  he  expressed  a  fear  that  so  many 
callers  might  oppress  the  sick  man.  Johnson  replied :  "  I 
must  be  in  a  wretched  state,  indeed,  when  your  company 
would  not  be  a  delight  to  me."  1 

In  1765  Biurke  became  private  secretary  of  the  Prime 
Minister,  the  Marquis  of  Rockingham.  Burke  proved  to 
be  the  life  of  the  Rockingham  party,  the  conservative 
Whigs.  He  worked  so  hard  to  keep  this  party  together 
and  active,  that  many  of  his  contemporaries  looked  upon 
him  as  a  mere  partisan.  His  friend  Oliver  Goldsmith 
expressed  this  opinion  in  his  humorous  poem,  Retaliation: 

"Here  lies  our  good  Edmund,  whose  genius  was  such, 
We  scarcely  can  praise  it  or  blame  it  too  much; 
Who,  born  for  the  universe,  narrowed  his  mind, 
And  to  party  gave  up  what  was  meant  for  mankind." 

Yet  in  1783  this  very  party  was  driven  from  the  control 
of  the  government  by  the  defeat  of  Fox's  East  India  Bill, 
which  Burke  probably  had  prepared  and  had  supported  in 
the  House  of  Commons.  Ten  years  later  when  many  of 
the  Whigs  sympathised  with  the  revolutionists  in  France, 
Burke  did  not  hesitate  to  desert  the  party.  The  Whigs 
did  not  regain  the  control  of  the  government  for  half 
a  century. 

1  Boswell's  Life  of  Johnson,  edited  by  Birkbeck  Hill,  Oxford,  1887, 
IV.  19,  167,  407,  V.  33. 


xii  INTRODUCTION. 

Though  not  a  partisan,  Burke  was  a  strong  supporter 
of  the  party  system  of  government.  Most  statesmen 
had  connived  at  it  as  a  necessary  evil  of  which  the 
less  said  the  better.  In  1770,  in  his  pamphlet,  Thoughts 
on  the  Cause  of  the  Present  Discontents,  Burke  publicly 
defended  party.  "Party  is  a  body  of  men  united  for 
promoting  by  their  joint  endeavours  the  national  interest 
upon  some  particular  principle  in  which  they  are  all 
agreed.  For  my  part,  I  find  it  impossible  to  conceive, 
that  anyone  believes  in  his  own  politics,  or  thinks  them 
to  be  of  any  weight,  who  refuses  to  adopt  the  means  of 
having  them  reduced  into  practice.  .  .  .  When  bad 
men  combine,  the  good  must  associate."  * 

Burke  had  ample  opportunity  to  become  acquainted 
with  the  strength  of  party  government,  for  he  was  in  the 
Opposition,  or  minority,  for  twenty-seven  of  his  twenty- 
nine  years  in  Parliament.  The  chief  work  of  his  party 
during  the  short  period  of  its  power  was  Burke's  Econom 
ical  Keform  Bill,  which  wisely  reduced  the  expenses  of 
government  about  £72,000  a  year,  by  limiting  the  pension 
list  and  by  abolishing  many  useless,  lucrative  positions 
at  court.  This  effectually  weakened  the  King's  party 
which  had  granted  these  positions  as  bribes  to  members  of 
the  House  of  Commons.  The  income  of  the  Paymaster 
General  was  also  regulated;  and  Burke  himself  was  the 
first  Paymaster  to  receive  the  reduced  salary. 

Burke  was  never  appointed  to  a  higher  office  than  this 
of  Paymaster  General,  which  he  held  in  1782  and  again 
in  1783.  It  seems  strange  that  when  his  party  was  in 
power,  Burke  was  not  given  a  position  in  the  cabinet, 

iBurke's   Works.  I.  530,  526. 


INTRODUCTION.  xiii 

which  his  abilities  and  services  certainly  merited.  Many 
explanations,  more  or  less  satisfactory,  have  been  sug 
gested.1  His  ungoverned  excesses  of  party  zeal  and  po 
litical  passion  made  him  an  uncomfortable  colleague. 
Lord  Lansdowne  declared  that  Burke  ^  was  so  violent, 
so  overbearing,  so  arrogant,  so  intractable,  that  to  have 
got  on  with  him  in  a  cabinet  would  have  been  utterly  and 
absolutely  impossible."  Burke  was  always  harassed  by 
unjust  prejudices  and  libels.  Many  men  thought  he 
was  the  author  of  the  scurrilous  Junius  Letters,  now 
known  to  be  by  Philip  Francis.  His  relatives  were  looked 
upon  with  suspicion  as  Irish  adventurers.  Sir  Gilbert 
Elliot  said:  "Burke  has  now  got  such  a  train  after 
himj  as  would  sink  anybody  but  himself  —  his  son,  who 
is  quite  nauseated  by  all  mankind;  his  brother,  who  is 
liked  better  than  his  son,  but  is  rather  offensive  with 
animal  spirits  and  with  brogue;  and  his  cousin,  Will 
Burke,  who  is  just  returned  unexpectedly  from  India,  as 
much  ruined  as  when  he  went  many  years  ago,  and  who  is 
a  fresh  charge  on  any  prospects  of  power  that  Burke  may 
ever  have."  Another  hindrance  was  his  notoriously  strait 
ened  circumstances.  Like  his  fellow-countryman,  Oliver 
Goldsmith,  Burke  was  always  in  debt  and  always  too 
generous.  He  sent  the  young  painter,  James  Barry,  to 
the  Continent  to  perfect  his  art.  In  1768  he  purchased 
an  estate  of  six  hundred  acres  near  Beaconsfield,  about 
twenty-four  miles  from  London.  He  probably  borrowed 
the  £20,000  to  pay  for  it,  partly  from  the  Marquis  of 
Rockingham,  although  the  mortgages  on  the  property 

1  Morley's  Burke  (English  Men  of  Letters  Series),  pp.  139-140. 


xiv  INTRODUCTION. 

were  not  paid  off  until  his  widow  sold  it  fifteen  years 
after  his  death. 

The  last  ten  years  of  Burke's  public  life  were  occupied 
with  work  for  India  and  against  France.  In  1783  he 
was  appointed  a  member  of  a  committee  of  the  House 
of  Commons  to  investigate  the  administration  of  the 
East  India  Company,  which  had  governed  India  since 
1757  when  Clive  drove  out  the  French.  Chiefly  through 
Burke's  indefatigable  efforts,  Parliament  learned  of  the 
cruelty  and  injustice  of  the  Englishmen  who  went  out 
to  India  as  clerks  and  returned  to  England  in  a  few 
years  with  enormous  fortunes  which  they  had  extorted 
from  the  natives.  India  was  so  far  distant  from  Eng 
land,  nine  months  in  time,  that  the  English  in  India 
did  not  feel  responsible  for  justice  in  office. 

After  much  deliberation  Burke  was  forced  to  the  con 
clusion  that  the  responsibility  for  the  unjust  government 
rested  upon  the  shoulders  of  Warren  Hastings,  who  as 
Governor  General  had  supreme  control  in  India  from 
1773  to  1785.  When  Hastings  resigned  and  returned  to 
England  in  1786,  Burke  urged  the  House  of  Commons  to 
impeach  him.  After  two  years  of  debate,  the  House 
finally  appointed  a  committee  of  managers,  with  Burke  as 
chairman,  to  impeach  Hastings  before  the  House  of 
Lords  in  Westminster  Hall.  The  trial  began  in  1788  and 
was  not  finished  until  1795,  although  the  court  was  in  ses 
sion  only  one  hundred  and  forty-eight  days,  because  the 
judges  were  so  often  absent  on  circuit.  At  first  Hastings 
had  been  regarded  as  a  great  criminal,  but  the  increased 
familiarity  with  his  actions  and  the  length  of  his  trial 
changed  public  opinion  until  he  was  looked  upon  as  a 


INTRODUCTION.  xv 

hero,  and  the  managers  were  denounced  as  persecutors. 
Most  of  the  managers,  such  as  Fox  and  Sheridan,  after 
their  first  great  orations,  lost  interest  in  the  trial,  but 
Burke  manfully  kept  up  the  vigorous  prosecution,  despite 
its  unpopularity. 

Hastings  was  finally  acquitted.  But  Burke's  labour  had 
not  been  in  vain.  Though  he  failed  to  punish  the  cul 
prit,  he  destroyed  the  system  of  unjust  government. 
Thereafter  the  Governor  Generals  of  India  were  not  ap 
pointed  from  the  officials  of  the  Company,  but  from 
the  nobles  of  England,  experienced  in  diplomacy  and 
statecraft,  and  responsible  both  for  their  personal  and 
national  honour.  Burke  also  proved  that  English  justice 
should  be  the  same  all  over  the  world;  what  was  con 
sidered  injustice  in  London  should  be  considered  injustice 
in  Calcutta.  No  longer  did  oppression  and  corruption 
continue  to  be  the  guiding  maxims  of  English  policy. 
Burke  taught  "  the  great  lesson  that  Asiatics  have  rights, 
and  that  Europeans  have  obligations;  that  a  superior  race 
is  bound  to  observe  the  highest  current  morality  of  the 
time  in  all  its  dealings  with  the  subject  race.  Burke  is 
entitled  to  our  lasting  reverence  as  the  first  apostle  and 
great  upholder  of  integrity,  mercy,  and  honour  in  the  rela 
tion  between  his  countrymen  and  their  humble  depend 
ents."  *  Burke  himself  wrote  one  year  before  his  death : 
"If  I  were  to  call  for  a  reward,  (which  I  have  never 
done,)  it  should  be  for  those  [services]  in  which  for  four 
teen  years  without  intermission  I  showed  the  most  in 
dustry  and  had  the  least  success :  I  mean  in  the  affairs  of 
India.  They  are  those  on  which  I  value  myself  the  most : 

1  Morley's  Burke,  p.  133. 


xvi  INTRODUCTION. 

most  for  the  importance,  most  for  the  labour,  most  for  the 
judgment,  most  for  constancy  and  perseverance  in  the 
pursuit.  Others  may  value  them  most  for  the  intention. 
In  that,  surely,  they  are  not  mistaken." 1 

During  the  French  Revolution  Burke  endeavoured  to 
protect  England  from  the  revolutionary  influence,  al 
though  many  of  his  friends  applauded  the  efforts  of  the 
French  to  assert  their  rights  as  men.  Charles  James  Fox, 
for  instance,  when  he  heard  of  the  fall  of  the  Bastile, 
exclaimed :  "  How  much  the  greatest  event  it  is  that  ever 
happened  in  the  world !  and  how  much  the  best !"  2 

But  Burke's  conservative  heart  was  filled  with  dread  at 
the  violence  of  the  revolutionists  in  overturning  the  long- 
established  institutions  of  government.  They  had  dis 
carded  the  foundation  of  all  of  Burke's  political  reason 
ing —  experience.  In  their  paroxysm  of  freedom,  they 
declared  that  whatever  had  been  was  evil;  good  could 
only  come  from  something  new,  not  from  an  expedient 
modification  of  the  old  order. 

Burke  found  that  his  efforts  in  the  House  of  Commons 
to  suppress  sympathy  for  the  French  were  inadequate. 
He  determined  to  address  the  final  court  of  appeal,  the 
larger  audience  of  the  English  public.  In  the  fall  of 
1790,  he  published  his  Reflections  on  the  Revolution  in 
France.  Thirty  thousand  copies  were  immediately  sold. 
With  the  possible  exception  of  Swift's  Conduct  of  the 
Allies,  no  pamphlet  ever  had  such  an  immediate  and 
permanent  political  effect.  The  majority  of  Englishmen 
had  not  known  what  to  think  of  the  French  Kevolution. 

1  Burke's  Works,  V.  192. 

2  Russell's  Memoirs  of  Fox,  Phila.,  1853,  II.  297. 


INTRODUCTION.  xvii 

When  Burke  made  strong  appeals  to  their  emotions  and 
gave  them  good  reasons  for  opposing  the  Revolution,  they 
immediately  adopted  his  arguments  as  their  own. 

As  the  Revolution  proceeded  and  Burke's  sane  predic 
tions  of  the  depreciation  of  paper  currency,  of  the 
instability  of  the  French  King,  of  the  abolition  of  Chris 
tianity,  were  fulfilled,  men  began  to  look  upon  him  with 
wonder  as  a  political  prophet.  Most  remarkable  was  his 
prediction  of  the  rise  of  such  a  military  despot  as  Na 
poleon  proved  to  be.  "  In  the  weakness  of  one  kind  of 
authority,  and  in  the  fluctuation  of  all,  the  officers  of  an 
army  will  remain  for  some  time  mutinous  and  full  of 
faction,  until  some  popular  general,  who  understands 
the  art  of  conciliating  the  soldiery,  and  who  possesses  the 
true  spirit  of  command,  shall  draw  the  eyes  of  all  men 
upon  himself.  Armies  will  obey  him  on  his  personal  ac 
count.  There  is  no  other  way,  of  securing  military  obe 
dience  in  this  state  of  things.  But  the  moment  in  which 
that  event  shall  happen,  the  person  who  really  commands 
the  army  is  your  master, —  the  master  (that  is  little)  of 
your  king,  the  master  of  your  assembly,  the  master  of 
your  whole  republic."  1 

The  Reflections  should  not  be  read  to  learn  the  history 
of  the  Revolution;  it  is  rather  an  advocate's  plea  against 
it.  Burke  did  not  do  justice  to  the  needs  for  a  revolution ; 
he  exaggerated  the  violence  of  the  mob.  Despite  his 
prejudice  and  over-anxiety  which  mar  many  passages, 
there  are  many  paragraphs  of  surpassing  beauty  of  ex 
pression  and  soundness  of  political  wisdom.  The  most 
famous  example  of  his  rhetoric  is  his  description  of 

1Burke's  Works,  III.  524. 


xviii  INTRODUCTION. 

Marie  Antoinette :  "  It  is  now  sixteen  or  seventeen  years 
since  I  saw  the  Queen  of  France,  then  the  Dauphiness,  at 
Versailles;  and  surely  never  lighted  on  this  orb,  which 
she  hardly  seemed  to  touch,  a  more  delightful  vision. 
I  saw  her  just  above  the  horizon,  decorating  and  cheering 
the  elevated  sphere  she  just  began  to  move  in, —  glitter 
ing  like  the  morning-star,  full  of  life  and  splendour  and 
joy.  Oh!  what  a  revolution!  and  what  an  heart  must 
I  have,  to  contemplate  without  emotion  that  elevation 
and  that  fall.  Little  did  I  dream,  when  she  added  titles 
of  veneration  to  those  of  enthusiastic,  distant,  respectful 
love,  that  she  should  ever  be  obliged  to  carry  the  sharp 
antidote  against  disgrace  concealed  in  that  bosom!  little 
did  I  dream  that  I  should  have  lived  to  see  such  disasters 
fallen  upon  her  in  a  nation  of  gallant  men,  in  a  nation  of 
men  of  honour,  and  of  cavaliers !  I  thought  ten  thousand 
swords  must  have  leaped  from  their  scabbards  to  avenge 
even  a  look  that  threatened  her  with  insult.  But  the  age 
of  chivalry  is  gone.  That  of  sophisters,  economists,  and 
calculators  has  succeeded;  and  the  glory  of  Europe  is 
extinguished  forever."  * 

Burke's  political  wisdom  is  well  shown  in  his  definition 
of  government  and  of  society :  "  Government  is  a  con 
trivance  of  human  wisdom  to  provide  for  human  wants"- 
"  Society  is,  indeed,  a  contract.  .  .  .  It  is  a  partner 
ship  in  all  science,  a  partnership  in  all  art,  a  partner 
ship  in  every  virtue  and  in  all  perfection.  As  the  ends 
of  such  a  partnership  cannot  be  obtained  in  many  genera 
tions,  it  becomes  a  partnership  not  only  between  those  who 


1  Burke's  Works,  III.  331. 
:  Burke's  Works,  III.  310. 


INTRODUCTION.  xix 

are  living,  but  between  those  who  are  living,  those  who 
are  dead,  and  those  who  are  to  be  born."  * 

The  influence  of  Burke's  Reflections  has  not  been  con 
fined  to  his  contemporaries.  Mr.  Lecky  says :  "  It  is  not 
too  much  to  say  that  it  contains  pages  of  an  eloquence 
which  has  never  in  any  language  been  surpassed,  and 
that  no  other  English  book  affords  so  many  lessons  of 
enduring  value  to  those  who  are  engaged  in  the  study 
either  of  the  British  Constitution  or  of  the  general  prin 
ciples  of  government.  Together  with  the  Appeal  from 
the  New  to  the  Old  Whigs,  which  is  its  supplement  and 
its  defence,  it  should  be  read,  re-read,  and  thoroughly  mas 
tered  by  everyone  who  desires  to  acquire  wide  and  deep 
views  on  political  questions,  and  to  understand  the  best 
English  political  philosophy  of  the  eighteenth  century."  2 

The  rest  of  Burke's  life  was  spent  in  urging  England 
to  increase  her  defences  against  the  possibility  of  a 
French  invasion,  and  in  denouncing  the  offers  of  peace 
made  to  France  by  the  English  ministers.  These  writings 
are  of  less  importance.  His  anxiety  overpowered  his 
self-control.  Korley  says:  "In  splendour  of  rhetoric,  in 
fine  images,  in  sustention,  in  irony,  they  surpass  any 
thing  that  Burke  wrote;  but  of  the  qualities  and  prin 
ciples  that,  far  more  than  his  rhetoric,  have  made  Burke 
so  admirable  and  so  great  —  of  justice,  of  firm  grasp  of 
fact,  of  a  reasonable  sense  of  the  probabilities  of  things  — 
there  are  only  traces  enough  to  light  up  the  gulfs  of  empty 
words,  reckless  phrases,  and  senseless  vituperations,  that 
surge  and  boil  around  them."  3 

1  Burke's  Works,  III.  359. 

2  Lecky's  England  in  l8th  Century,  New  York,  1892,  VI.  390. 
•Morley's  Burke,  p.  199. 


xx  INTRODUCTION. 

In  1794  Burke  retired  from  Parliament  and  was  about 
to  be  rewarded  for  his  long  public  services  by  being 
raised  to  the  peerage  with  the  title  of  Lord  Beaconsfield. 
But  his  only  son  Richard  died.  Burke,  in  his  sorrow, 
declined  the  peerage  and  accepted  a  pension  of  £3,700. 
This  caused  the  Duke  of  Bedford  and  other  sympathisers 
with  France  to  criticise  him  in  Parliament,  and  in  1796 
Burke  published  a  reply,  or  an  apology  for  his  life,  in  A 
Letter  to  a  Noble  Lord.  In  a  noble  passage  on  the  death 
of  his  son,  he  wrote :  "  Had  it  pleased  God  to  continue 
to  me  the  hopes  of  succession,  I  should  have  been,  ac 
cording  to  my  mediocrity  and  the  mediocrity  of  the  age 
I  live  in,  a  sort  of  founder  of  a  family:  I  should  have 
left  a  son,  who,  in  all  the  points  in  which  personal  merit 
can  be  viewed,  in  science,  in  erudition,  in  genius,  in 
taste,  in  honour,  in  generosity,  in  humanity,  in  every  lib 
eral  sentiment  and  every  liberal  accomplishment,  would 
not  have  shown  himself  inferior  to  the  Duke  of  Bedford, 
or  to  any  of  those  whom  he  traces  in  his  line.  .  .  .  But 
a  Disposer  whose  power  we  are  little  able  to  resist,  and 
whose  wisdom  it  behooves  us  not  at  all  to  dispute,  has 
ordained  it  in  another  manner,  and  (whatever  my  queru 
lous  weakness  might  suggest)  a  far  better.  The  storm 
has  gone  over  me;  and  I  lie  like  one  of  those  old  oaks 
which  the  late  hurricane  has  scattered  about  me.  I  am 
stripped  of  all  my  honours,  I  am  torn  up  by  the  roots,  and 
lie  prostrate  on  the  earth.  There,  and  prostrate  there,  I 
most  unfeignedly  recognise  the  divine  justice,  and  in 
some  degree  submit  to  it.  But  whilst  I  humble  myself 
before  God,  I  do  not  know  that  it  is  forbidden  to  repel 
the  attacks  of  unjust  and  inconsiderate  men.  ...  I 


INTRODUCTION.  xxi 

am  alone.  I  have  none  to  meet  my  enemies  in  the  gate. 
.  .  .  I  live  in  an  inverted  order.  They  who  ought  to 
have  succeeded  me  are  gone  before  me.  They  who  should 
have  been  to  me  as  posterity  are  in  the  place  of  ances 
tors."  i 

Two  years  later  Burke  died  on  the  ninth  of  July,  1797, 
and  was  buried  in  the  little  church  of  Beaconsfield. 

A  concise  and  sensible  estimate  of  Burke's  work  and 
political  position  is  given  by  Mr.  Lecky :  "  There  is  no 
political  figure  of  the  eighteenth  century  which  retains  so 
enduring  an  interest,  or  which  repays  so  amply  a  careful 
study,  as  Edmund  Burke.  All  other  statesmen  seem  to 
belong  wholly  to  the  past;  for  though  many  of  their 
achievements  remain,  the  profound  changes  that  have 
taken  place  in  the  conditions  of  English  political  life  have 
destroyed  the  significance  of  their  policy  and  their  ex 
ample.  A  few  fine  flashes  of  rhetoric,  a  few  happy  epi 
grams,  a  few  laboured  speeches  which  now  seem  cold, 
lifeless,  and  commonplace,  are  all  that  remain  of  the 
eloquence  of  the  Pitts,  of  Eox,  of  Sheridan,  or  of  Plunket. 
But  of  Burke  it  may  be  truly  said,  that  there  is  scarcely 
any  serious  political  thinker  in  England  who  has  not 
learnt  much  from  his  writings,  and  whom  he  has  not  pro 
foundly  influenced  either  in  the  way  of  attraction  or  in 
the  way  of  repulsion.  As  an  orator,  he  has  been  sur 
passed  by  some,  as  a  practical  politician  he  has  been  sur 
passed  by  many,  and  his  judgments  of  men  and  things 
were  often  deflected  by  violent  passions,  by  strong  an~ 
tipathies,  by  party  spirit,  by  exaggerated  sensibility,  by  a 
strength  of  imagination  and  of  affection,  which  contin- 

1  Burke's  Works,  V.  207,  208. 


xxii  INTRODUCTION. 

ually  invested  particular  objects  with  a  halo  of  super 
stitious  reverence.  But  no  other  politician  or  writer  has 
thrown  the  light  of  so  penetrating  a  genius  on  the  nature 
and  workings  of  the  British  Constitution,  has  impressed 
his  principles  so  deeply  on  both  of  the  great  parties  in 
the  State,  and  has  left  behind  him  a  richer  treasure  of 
political  wisdom  applicable  to  all  countries  and  to  all 
times.  He  had  a  peculiar  gift  of  introducing  into  tran 
sient  party  conflicts  observations  drawn  from  the  most 
profound  knowledge  of  human  nature,  of  the  first  prin 
ciples  of  government  and  legislation,  and  of  the  more 
subtle  and  remote  consequences  of  political  institutions, 
and  there  is  perhaps  no  English  prose  writer  since  Bacon 
whose  works  are  so  thickly  starred  with  thought.  The 
time  may  come  when  they  will  be  no  longer  read.  The 
time  will  never  come  in  which  men  would  not  grow  the 
wiser  by  reading  them."  1 


n 

BURKE     AND    THE    AMERICAN     REVOLUTION. 

It  is  difficult  to  determine  the  relative  merit  of  Burke's 
writings.  William  Hazlitt  says:  "There  is  no  single 
speech  of  Mr.  Burke  which  can  convey  a  satisfactory  idea 
of  his  powers  of  mind:  to  do  him  justice,  it  would  be 
necessary  to  quote  all  his  works;  the  only  specimen  of 
Burke  is  all  that  he  wrote" 2  Burke's  Reflections  on  the 
Revolution  in  France  is  probably  his  best  known  work, 
as  Mr.  Lecky  has  said.  Matthew  Arnold,  however,  gives 

1  Lecky's  England  in  J8th  Century,   III.   381-382. 

2Wm.  Hazlitt:  Sketches  and  Essays,  London,  1872,  p.  408. 


INTRODUCTION.  xxiii 

precedence  to  Burke' s  writings  for  Ireland:  "Burke  is 
the  greatest  of  our  political  thinkers  and  writers.  But  his 
political  thinking  and  writing  has  more  value  on  some 
subjects  than  on  others;  the  value  is  at  its  highest  when 
the  subject  is  Ireland."  x 

Here  in  America  it  is  natural  that  Burke's  American 
speeches  should  be  most  popular,  and  in  this  opinion  many 
Englishmen  agree.  John  Morley  says :  "  Of  all  Burke's 
writings  none  are  so  fit  to  secure  unqualified  and  unan 
imous  admiration  as  the  three  pieces  on  this  momentous 
struggle:  the  Speech  on  American  Taxation  (April  19, 
1774) ;  the  Speech  on  Conciliation  with  America  (March 
22, 177^.)  ;  and  the  Letter  to  the  Sheriffs  of  Bristol  (1777). 
.  .  s\  It  is  no  exaggeration  to  say  that  they  compose 
the  most  perfect  manual  in  our  literature,  or  in  any  liter 
ature,  for  one  who  approaches  the  study  of  public  affairs, 
whether  for  knowledge  or  for  practice.  They  are  an  ex 
ample  without  fault  of  all  the  qualities  which  the  critic, 
whether  a  theorist,  or  an  actor,  of  great  political  situa 
tions  should  strive  by  night  and  by  day  to  possess. 
.  If  their  subject  were  as  remote  as  the  quarrel 
between  the  Corinthians  and  Corcyra,  or  the  war  between 
Home  and  the  Allies,  instead  of  a  conflict  to  which  the 
world  owes  the  opportunity  of  the  most  important  of  polit 
ical  experiments,  we  should  still  have  everything  to  learn 
from  the  author's  treatment ;  the  vigorous  grasp  of  masses 
of  compressed  detail,  the  wide  illumination  from  great 
principles  of  human  experience,  the  strong  and  masculine 
feeling  for  the  two  great  political  ends  of  Justice  and 

1  Edmund  Burke  on  Ireland,  edited  by  M.  Arnold,  London,  1881,  p.  vi. 


xxiv  INTRODUCTION. 

Freedom,  the  large  and  generous  interpretation  of  ex 
pediency,  the  morality,  the  vision,  the  noble  temper." 1 
~~  Burke  was  not  vainly  boasting  when  he  wrote :  "  I 
think  I  know  America.  If  I  do  not,  my  ignorance  is  in 
curable,  for  I  have  spared  no  pains  to  understand  it."  2 
"  The  first  session  I  sat  in  Parliament,  I  found  it  neces 
sary  to  analyse  the  whole  commercial,  financial,  constitu 
tional,  and  foreign  interests  of  Great  Britain  and  its 
empire."3  One  of  his  earliest  publications  was  An  Ac- 
count  of  the  European  Settlements  in  America,  which  is 
still  an  authority  for  the  early  colonies  and  trade;  a  book 
which  George  Washington  put  into  his  own  library.  The 
early  volumes  of  the  Annual  Register  are  full  of  refer 
ences  to  the  colonies. 

Burke  was  personally  interested  in  America.  In  1755 
he  had  a  serious  intention  of  emigrating  to  America  where 
a  place  of  credit  in  one  of  the  provinces  had  been  offered 
to  him,  but  his  father  persuaded  him  to  remain  in  Eng 
land.  Two  years  later  in  apologising  to  his  old  school 
mate,  Richard  Shackleton,  for  not  answering  letters, 
Burke  wrote :  "  What  appearance  there  may  have  been  of 
neglect,  arose  from  my  manner  of  life:  chequered  with 
various  designs;  sometimes  in  London,  sometimes  in  re 
mote  parts  of  the  country;  sometimes  in  France,  and 
shortly,  please  God,  to  be  in  America."  4  He  did  not  go 
to  America ;  but  from  1771  to  the  outbreak  of  the  Revolu 
tion  he  acted  as  agent  for  the  colony  of  New  York,  re 
ceiving  a  salary  of  £500  a  year. 

1  Morley's  Burke,  p.  78. 

2  See  page  22. 
3Burke's   Works,  V.  191. 

4  Burke's  Correspondence,  I.  32. 


INTRODUCTION.  xxv 

When  Burke  first  entered  Parliament,  he  was  plunged 
into  the  thick  of  the  struggle  with  the  colonies.  At  the 
close  of  the  French  and  Indian  War  in  1763,  the  Prime 
Minister,  George  Grenville,  determined  that  a  revenue 
should  be  raised  in  the  colonies  toward  paying  for  the 
war  and  for  the  standing  army  which  it  was  thought  wise 
to  maintain  in  America.  He  attempted  to  impose  a 
small  stamp  tax  on  all  legal  papers  used  in  the  colonies. 
The  colonists,  well  educated  in  law  as  Burke  pointed  out, 
indignantly  opposed  the  principle  of  this  tax  as  contrary 
to  their  rights  as  Englishmen,  affirming  that  they  could 
not  lawfully  be  taxed  by  a  House  of  Commons  in  which 
they  were  not  represented.  So  violent  was  their  resistance, 
that  the  first  work  of  the  Buckingham  ministry  was  to 
repeal  the  Stamp  Act.  Unfortunately  this  ministry  was 
not  strong  and  was  forced  to  resign  in  the  summer  of 
1766.  The  succeeding  ministry,  led  by  Charles  Town- 
shend  in  1767  passed  a  bill  which  imposed  small  duties 
on  all  tea,  paper,  glass,  red  lead,  white  lead,  and  painters' 
colours  exported  to  the  colonies.  The  colonists  at  once 
agreed  among  themselves  not  to  import  any  goods  from 
England  as  long  as  these  duties  were  in  force.  These 
non-importation  agreements  lessened  the  trade  of  the 
English  merchants  so  much  that  they  joined  with  the 
Whigs  and  in  1770  repealed  all  the  duties  except  that  on 
tea. 

This  small  tea  duty  was  enough  to  keep  up  the  irrita 
tion  of  the  colonists.  But  no  serious  act  of  opposition 
occurred  until  late  in  1773,  when  the  citizens  of  Boston 
threw  into  the  harbour  a  ship-load  of  tea  which  the  Eng 
lish  had  attempted  to  land.  Angered  by  the  news  of  this 


xxvi  INTRODUCTION. 

Boston  Tea  Party,  Parliament  closed  the  harbour  of  Bos 
ton  and  annulled  the  charter  of  Massachusetts.  Some  of 
the  more  moderate  members  of  the  House  of  Commons 
tried  to  prevent  further  violence  by  proposing  the  repeal 
of  the  duty  on  tea.  Burke  supported  the  motion  in  his 
speech  on  American  Taxation,  in  which  he  reviewed  the 
history  of  the  attempts  to  tax  the  colonies,  which  he  sat 
irised  as  mere  makeshifts.  The  motion  was  badly  defeated. 
In  less  than  a  year  Burke  made  another  effort  to  urge 
measures  of  conciliation.  But  the  enraged  legislators 
were  in  no  mood  to  be  convinced  by  the  arguments  of  his 
speech  on  Conciliation  with  America  and  his  resolutions 
of  conciliation  were  defeated  by  a  vote  of  270  to  78.  Al 
though  on  the  same  subject,  these  two  speeches  were  very 
different.  Prof.  Goodrich  says :  "  His  l  standpoint '  in  the 
first  was  England.  His  topics  were  the  inconsistency  and 
folly  of  the  ministry  in  their  ( miserable  circle  of  occa 
sional  arguments  and  temporary  expedients '  for  raising 
a  revenue  in  America.  His  object  was  to  recall  the  House 
to  the  original  principles  of  the  English  colonial  system  — 
that  of  regulating  the  trade  of  the  colonies,  and  making  it 
subservient  to  the  interests  of  the  mother  country,  while 
in  other  respects  she  left  them  ( every  characteristic  mark 
of  a  free  people  in  all  their  internal  concerns.'  His 
' standpoint'  in  the  second  speech  was  America.  His 
topics  were  her  growing  population,  agriculture,  com 
merce,  and  fisheries ;  the  causes  of  her  fierce  spirit  of  lib 
erty;  the  impossibility  of  repressing  it  by  force;  and  the 
consequent  necessity  of  some  concession  on  the  part  of 
England.  His  object  was  (waiving  all  abstract  questions 
about  the  right  of  taxation)  to  show  that  Parliament 


INTRODUCTION.  xxvii 

ought '  to  admit  the  people  of  the  colonies  into  an  interest 
in  the  Constitution/  by  giving  them  (like  Ireland,  Wales, 
Chester,  and  Durham)  a  share  in  the  representation;  and 
to  do  this,  by  leaving  internal  taxation  to  the  colonial  As 
semblies,  since  no  one  could  think  of  an  actual  representa 
tion  of  America  in  Parliament  at  the  distance  of  three 
thousand  miles.  The  two  speeches  were  equally  diverse  in 
their  spirit.  The  first  was  in  a  strain  of  incessant  attack, 
full  of  the  keenest  sarcasm,  and  shaped  from  beginning 
to  end  for  the  purpose  of  putting  down  the  ministry. 
The  second,  like  the  plan  it  proposed,  was  conciliatory; 
temperate  and  respectful  toward  Lord  North  [the  Prime 
Minister]  ;  designed  to  inform  those  who  were  ignorant  of 
the  real  strength  and  feelings  of  America;  instinct  with 
the  finest  philosophy  of  man  and  of  social  institutions; 
and  intended,  if  possible,  to  lead  the  House,  through 
Lord  North's  scheme,  into  a  final  adjustment  of  the  dis 
pute  on  the  true  principles  of  English  liberty."  1 

Burke  was  at  this  time  representative  in  the  House  of 
Commons  for  the  important  commercial  city  of  Bristol. 
In  1774  the  Whigs  of  Bristol  had  become  dissatisfied  with 
their  representatives,  who  seemed  to  be  little  interested  in 
their  affairs  and  opinions.  Several  of  the  leading  mer 
chants  trading  with  the  colonies  asked  Burke  to  become 
a  candidate.  After  an  exciting  contest  he  was  elected 
one  of  Bristol's  two  representatives. 

Burke,  however,  never  was  popular  at  Bristol.  He 
knew  only  a  few  of  the  citizens,  and  he  seemed  to  neglect 
the  means  of  gaining  popularity.  After  his  election  had 
been  confirmed  by  the  House  of  Commons,  he  refused  to 

1C.  A.  Goodrich:  Select  British  Eloquence,  New  York,  1852,  p.  215. 


xxviii  INTRODUCTION. 

return  to  Bristol  with  his  colleague  to  be  "chaired,"  to 
take  part  in  the  triumphal  celebration  of  his  supporters. 
During  the  six  years  in  which  he  represented  Bristol,  he 
visited  it  only  three  times. 

The  men  of  Bristol  did  not  like  his  speeches  in  favour 
of  admitting  the  Roman  Catholics  to  the  privileges  of 
citizenship;  they  revived  the  old  story  that  he  was  a 
Jesuit.  His  support  of  the  Roman  Catholics  and  of  the 
Dissenters  was  the  result  of  his  natural  tolerance  in  reli 
gion  which  had  been  strengthened  by  the  circumstances 
of  his  life.  His  schoolmaster  had  been  a  Quaker;  his 
mother  and  his  wife  had  been  educated  in  the  Roman 
Catholic  faith.  Burke  himself  was  a  staunch  Protestant. 

Burke  proved  to  be  even  more  independent  than  his 
predecessors  of  the  instructions  of  his  constituents.  On 
the  very  day  of  his  election,  he  had  frankly  told  them 
that  he  would  act  in  Parliament  as  he  thought  best,  per 
haps  not  as  they  wished.  "  Certainly,  gentlemen,  it  ought 
to  be  the  happiness  and  glory  of  a  representative  to  live 
in  the  strictest  union,  the  closest  correspondence,  and  the 
most  unreserved  communication  with  his  constituents. 
Their  wishes  ought  to  have  great  weight  with  him;  their 
opinions  high  respect;  their  business  unremitted  atten 
tion.  It  is  his  duty  to  sacrifice  his  repose,  his  pleasure, 
his  satisfactions,  to  theirs, —  and  above  all,  ever,  and  in  all 
cases,  to  prefer  their  interest  to  his  own.  But  his  un 
biassed  opinion,  his  mature  judgment,  his  enlightened 
conscience,  he  ought  not  to  sacrifice  to  you,  to  any  man, 
or  to  any  set  of  men  living.  These  he  does  not  derive  from 
your  pleasure, —  no,  nor  from  the  law  and  the  Constitu 
tion.  They  are  a  trust  from  Providence,  for  the  abuse  of 


INTRODUCTION.  xxix 

which,  he  is  deeply  answerable.  Your  representative  owes 
you,  not  his  industry  only,  but  his  judgment;  and  he  be 
trays,  instead  of  serving  you,  if  he  sacrifices  it  to  your 
opinion."  * 

The  test  of  these  principles  soon  came.  The  outbreak 
of  the  American  war  greatly  crippled  the  trade  of  Bris 
tol;  and  the  majority  of  the  merchants  became  anxious 
that  England  should  speedily  put  down  the  Revolution. 
Contrary  to  their  wishes,  Burke  continued  to  oppose  the 
efforts  of  the  ministry.  In  1778  the  House  of  Commons 
proposed  to  relax  some  of  the  unjust  restrictions  upon 
Irish  commerce.  The  merchants  of  Bristol,  fearing  an 
other  decrease  in  their  trade,  protested  against  the  bill, 
and  even  ordered  Burke  to  defeat  it.  Burke  disregarded 
these  instructions  and  supported  the  bill,  writing  to  his 
constituents  that  he  could  not  uphold  the  selfish  interests 
of  Bristol  at  the  sacrifice  of  those  of  all  Great  Britain. 

Another  cause  of  Burke's  unpopularity  resulted  from 
the  attempt  made  early  in  1777  to  burn  the  vessels,  quays, 
and  warehouses  of  Bristol.  When  captured,  the  incen 
diary,  "  Jack  the  Painter,"  declared  that  he  was  an  Amer 
ican.  Immediately  it  was  asserted,  without  a  vestige  of 
truth  or  reason,  that  Burke's  support  of  the  colonies  was 
responsible  for  the  crime. 

Burke's  voluntary  absence  from  the  House  of  Commons 
was  also  the  cause  of  much  criticism  in  Bristol.  He 
felt  that  the  ineffective  opposition  in  the  Commons  was 
of  no  avail  and  served  only  to  drive  the  ministry  to 
harsher  measures.  When  the  Commons  was  considering 
a  suspension  of  the  Habeas  Corpus  Act  during  the  Amer- 

1  Burke's  Works,  II.  95. 


XXX 


INTRODUCTION. 


ican  war,  Burke  and  many  friends  stayed  away  from  the 
sessions.  His  action  was  misunderstood  even  by  his 
friends  in  Bristol,  who  wrote  to  him  for  an  explanation. 
In  a  personal  letter  to  Richard  Champion,  21  Feb.  1777, 
Burke  said :  "  We  shall  publish  no  declaration.  I  am 
sorry  for  it,  though  many  are  of  opinion  that  the  time 
does  not  servew  I  believe  I  shall  write  to  you  at  Bristol. 
Many  ask  why  I  did  not  attend  the  habeas- corpus; —  be 
cause  I  did  not  like  the  bill,  nor  any  of  the  proposed  or 
accepted  amendments;  and  I  should  have  the  former  to 
oppose  against  the  majority,  and  the  latter  against  a  great 
part  of  the  minority.  I  stay  away  from  this,  as  I  do  from 
all  public  business,  because  I  know  I  can  do  no  sort  of 
good  by  attending;  but  think,  and  am  sure,  I  should  do 
the  work  of  that  faction  which  is  ruining  us,  by  keeping 
up  debate,  and  helping  to  make  those  things  plausible  for 
a  time  which  are  destructive  in  their  nature.  The  House 
never  made  so  poor  a  figure  as  in  the  debate  on  that  bill. 
.  .  .  Never  was  a  business  so  disgraceful  to  any  gov* 
eminent." 1 

Champion  immediately  urged  Burke  to  make  the  public 
declaration  and  the  result  was  the  Letter  to  the  Sheriffs 
of  Bristol.  Burke  went  down  to  his  quiet  home  at  Bea- 
consfield,  and  after  ten  days  wrote  to  Champion,  3  April, 
1777:  "I  sent  to  town,  this  morning,  my  letter  to  the 
sheriff  of  Bristol,  fairly  copied  out,  and  with  such  cor 
rections  as  the  time  would  admit.  Indeed,  the  continual 
interruptions  under  which  it  was  written,  required  a  much 
more  accurate  revisal.  But  if  it  is  likely  to  be  at  all 
useful,  it  is  far  better  that  it  should  be  early  in  its  ap- 

1  Burke's  Correspondence,  II.  148. 


INTRODUCTION.  xxxi 

pearance  than  late,  with,  such  perfection  as  I  am  capable 
of  giving  it;  which  is  undoubtedly  such  as  never  could 
compensate  for  any  delay. 

"  I  have  shown  the  letter  to  Lord  Rockingham,  Mr. 
Fox,  Sir  George  Saville,  and  to  Mr.  Ellis.  They  are  all 
of  opinion  it  may  be  of  considerable  use.  . 

"You  will  be  so  good  as  to  communicate  the  paper  to 
the  sheriffs;  but  so  as  to  lose  as  little  time  as  possible 
in  the  publication.  I  think  neither  of  them  will  differ 
from  me  in  opinion  very  materially;  but  if  they  should, 
they  are  not  responsible  for  the  sentiments  of  any  person 
who  chooses  to  address  a  letter  to  them.  In  the  general 
line  of  politics  we  must  be  of  nearly  the  same  way  of 
thinking.  I  know  that  some  of  our  friends  are  fearful  of 
giving  offence  to  the  Tories.  If  we  did  so  by  any  indecent 
personality,  we  should  be  greatly  to  blame.  But  we  ought 
not  to  omit  any  means  of  strengthening,  encouraging,  or 
informing  our  friends,  for  fear  of  displeasing  those  whom 
no  management  can  ever  reconcile  to  our  way  of  thinking. 
When  we  speak  only  of  things,  not  persons,  we  have  a 
right  to  express  ourselves  with  all  possible  energy;  and 
if  any  one  is  offended,  he  only  shows  how  improper  that 
conduct  has  been,  which  he  cannot  bear  to  be  represented 
in  its  true  colours.  Besides,  this  little  piece,  though  ad 
dressed  to  my  constituents,  is  written  to  the  public. 
Would  to  God  that  there  were  none  of  the  factious  ad 
dresses  to  be  found  anywhere  else  than  in  Bristol !  Many 
things  want  to  be  explained  to  the  nation,  which  they 
either  never  have  adverted  to,  or  forget  in  the  rapid  suc 
cession  of  the  late  unhappy  events."1 

1  Burke's  Correspondence,  II.  149. 


xxxii  INTRODUCTION. 

Although  the  Letter  to  the  Sheriffs  of  Bristol  was  fre 
quently  reprinted,  it  did  not  reconcile  Burke's  constitu 
ents  to  his  public  conduct.  When  the  next  election  was 
held  in  1780,  a  strong  opposition  had  formed  against  him, 
supported  by  a  contribution  of  £1,000  from  George  III. 
Burke  saw  the  futility  of  the  chances  of  his  election  and 
resigned  the  nomination.  He  later  was  elected  representa 
tive  for  the  small  town  of  Malton. 

In  his  farewell  speech  to  his  constituents  in  Bristol, 
Burke  well  said :  "  Gentlemen,  on  this  serious  day,  when 
I  come,  as  it  were,  to  make  up  my  account  with  you,  let 
me  take  to  myself  some  degree  of  honest  pride  on  the 
nature  of  the  charges  that  are  against  me.  I  do  not  here 
stand  before  you  accused  of  venality,  or  of  neglect  of 
duty.  It  is  not  said,  that,  in  the  long  period  of  my  serv 
ice,  I  have,  in  a  single  instance,  sacrificed  the  slightest 
of  your  interests  to  my  ambition  or  to  my  fortune.  It 
is  not  alleged,  that,  to  gratify  any  anger  or  revenge  of  my 
own,  or  of  my  party,  I  have  had  a  share  in  wronging  or 
oppressing  any  description  of  men,  or  any  one  man  in 
any  description.  No!  the  charges  against  me  are  all  of 
one  kind:  that  I  have  pushed  the  principles  of  general 
justice  and  benevolence  too  far, —  further  than  a  cautious 
policy  would  warrant,  and  further  than  the  opinions  of 
many  would  go  along  with  me.  In  every  accident  which 
may  happen  through  life,  in  pain,  in  sorrow,  in  depres 
sion,  and  distress,  I  will  call  to  mind  this  accusation,  and 
be  comforted."1 

1  Burke's  Works,  II.  422. 


INTRODUCTION.  xxxiii 


ni 


Habeas  Corpus  is  the  term  applied  to  a  writ  directed  to 
the  person  detaining  another  and  commanding  him  to 
produce  the  body  of  the  prisoner  at  a  certain  time  and 
place,  to  submit  to  whatever  decision  the  court  awarding 
the  writ  may  determine.  It  is  the  most  famous  writ  in 
the  law;  and  having  been  used  for  many  centuries  to  re 
move  illegal  restraint  on  personal  liberty,  it  is  often 
called  the  Great  Writ  of  Liberty.  It  takes  its  name  from 
the  characteristic  words  it  contained  when  the  processes 
of  the  English  Law  were  written  in  Latin: — 

"  Prsecipimus  tibi  quod  corpus  A.  B.  in  custodia  vestra  deten- 
tum,  ut  dicitur,  una  cum  causa  captionis  et  detentionis  suse, 
quocunque  nomine  idem  A.  B.  censeatur  in  eadem,  habeas  coram 
nobis  apud  Westm.  etc.,  ad  subjiciendum  et  recipiendum  ea  quae 
curia  nostra  de  eo  ad  tune  et  ibidem  ordinari  contigerit  in  hac 
parte,  etc. 

The  date  of  the  origin  of  the  writ  cannot  now  be  ascer 
tained.  In  the  early  days  of  the  Common  Law,  there 
were  various  writs  employed  in  which  the  phrase,  "habeas 
corpus,"  was  used,  and  the  principle  upon  which  it  is 
issued  was  understood  and  applied  by  the  judges  during 
the  War  of  the  Eoses.  The  earliest  precedents  where  it 

1  This  account  of  THE  WRIT  OF  HABEAS  CORPUS  was  written  by 
Franklin  Spencer  Edmonds,  Professor  of  Political  Science,  Central 
High  School,  and  a  member  of  the  Philadelphia  Bar. 


xxxiv  INTRODUCTION. 

was  used  against  the  crown  are  in  the  reign  of  Henry 
VII.  Afterwards  its  use  became  more  frequent,  and,  in 
the  time  of  Charles  I.,  it  was  an  admitted  constitutional 
remedy.  The  celebrated  Act  of  Habeas  Corpus  of  1679 
provided  additional  safeguards  to  insure  a  due  observance 
of  the  principle  of  the  writ,  and  also  carefully  specified 
the  procedure  in  certain  cases.  It  was  universally  re 
garded  as  a  great  advance  in  the  development  of  English 
liberty,  and  one  author  declared  that  its  passage  "  extin 
guished  all  the  resources  of  oppression." 

The  English  colonies  in  America  regarded  the  privi 
lege  of  the  writ  as  one  of  the  "dearest  birthrights  of 
Britons,"  and  it  was  frequently  resorted  to.  The  Ameri 
can  colonists  frequently  claimed  that  they  possessed  all 
the  rights,  liberties  and  immunities  of  free  and  natural- 
born  subjects  within  the  realm  of  England.  This  asser 
tion  was  endorsed  in  Parliament,  where  it  was  stated  at 
one  time  that  the  Americans  "were  the  sons,  not  the 
"bastards  of  England."  Eminent  authorities  have  held 
that  the  privilege  of  the  writ  of  habeas  corpus  did  not 
extend  to  the  colonists  until  the  reign  of  Queen  Anne, 
when  a  statute  was  passed  which  expressly  extended  this 
privilege  to  the  colonists.  It  is  certain,  however,  that  it 
was  not  unknown  in  the  colonies  prior  to  this  time,  and 
a  few  illustrations  may  be  drawn  from  early  American 
history. 

In  1688-9,  there  occurred  a  famous  case  in  New  Eng 
land,  which  arose  out  of  the  unsettled  political  conditions 
of  the  time.  Among  other  towns  which  were  obliged  to 
raise  money  for  the  government  was  Ipswich,  of  which 
Rev.  Mr.  Wise  was  minister.  A  town  meeting  was  called 


INTRODUCTION.  xxxv 

to  act  on  a  requisition,  and  as  the  citizens  doubted  the 
authority  of  the  governor  and  council  to  raise  money  in 
that  way,  they  declined  making  the  grant.  Whereupon 
Mr.  Wise  and  five  others  of  the  principal  inhabitants  of 
the  town  were  arrested,  charged  with  contempt  and  high 
misdemeanours.  They  demanded  a  "habeas  corpus," 
which  was  denied.  "  After  a  tedious  and  harassing  delay 
the  prisoners  were  put  upon  their  trial.  They  claimed  the 
privileges  secured  to  them  as  Englishmen  by  the  Magna 
Charta  and  the  laws  of  England.  The  chief  justice,  how 
ever,  informed  them  that  they  must  not  expect  that  the 
laws  of  England  would  follow  them  to  the  ends  of  the 
earth,  and  concluded  by  telling  them  that  they  had  no 
more  privileges  left  them  than  not  to  be  sold  as  slaves." J 
A  verdict  was  rendered  against  them,  but  this  doctrine 
that  the  English  laws  did  not  follow  the  New  Englanders, 
aroused  strong  protest  in  Massachusetts. 

In  New  Jersey,  in  1710,  the  Assembly  denounced  one 
of  the  judges,  William  Pinhome,  for  having  corruptly 
refused  the  writ  of  habeas  corpus  to  Thomas  Gordon, 
which  they  said  was  "  the  undoubted  right  and  the  great 
privilege  of  the  subject."  In  Pennsylvania,  while  the 
Council  exercised  the  power  of  discharging  from  illegal 
imprisonment  upon  petition,  they  sometimes  referred 
such  applications  to  the  county  courts  as  the  proper  tribu 
nals  to  afford  relief. 

In  New  York,  in  January  1707,  Makemie  and  Hamp 
ton,  two  Presbyterian  ministers,  were  arrested  on  the 
warrant  of  the  governor,  for  preaching  without  a  license. 
They  refused  to  give  bond  or  security  that  they  would 

1  Washburn's  Judicial  History  of  Massachusetts. 


xxxvi  INTRODUCTION. 

preach,  no  more  in  that  jurisdiction,  so  they  were  com 
mitted  to  prison  under  the  governor's  warrant,  which 
simply  directed  the  prisoners  to  be  safely  kept  until 
further  notice  and  did  not  even  attempt  to  designate  any 
offence.  On  March  8  Chief  Justice  Mompesson  allowed 
the  prisoners  writs  of  habeas  corpus,  but  before  they  could 
be  served  the  sheriff  was  given  another  warrant  contain 
ing  a  statement  of  the  offence.  On  this  the  prisoners  were 
admitted  to  bail. 

These  cases  are  sufficient  to  illustrate  the  tendency  in 
the  American  mind  to  appeal  to  this  writ,  as  a  protection 
to  personal  liberty. 

The  refusal  of  the  Parliament  in  1774  to  extend  the 
law  of  habeas  corpus  to  Canada  was  denounced  by  the 
First  Continental  Congress  in  September  of  that  year  as 
oppressive,  and  was  subsequently  recounted  in  the 
Declaration  of  Independence  as  one  of  the  manifesta 
tions  on  the  part  of  the  British  Government  of  tyranny 
over  the  colonies.1 

The  Constitution  of  the  United  States  provides  that: 
"  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it."  Similar  provisions 
are  found  in  the  constitutions  of  most  of  the  states.  The 
privilege  of  the  writ  is  suspended  by  martial  law,  for 
that  suspends  all  civil  processes.  During  the  Civil  War 
President  Lincoln  suspended  the  privilege  of  the  writ  on 

1  Extract  from  the  Declaration  of  Independence:  "For  abolishing 
the  free  system  of  English  laws  in  a  neighbouring  province,  establish 
ing  therein  an  arbitrary  government,  and  enlarging  its  boundaries  so 
as  to  render  it  at  once  an  example  and  fit  instrument  for  introducing 
the  same  absolute  rule  into  these  colonies." 


INTRODUCTION.  xxxvii 

his  own  authority  without  the  sanction  of  an  Act  of 
Congress.  This  gave  rise  to  a  prolonged  legal  controversy 
and  there  was  a  strong  opinion  that  the  President  had 
overstepped  the  limits  of  his  rightful  authority. 

Such  is  the  origin  and  record  of  what  Blackstone 
terms  "the  most  celebrated  writ  in  English  law."  (See 
Wm.  S.  Church  on  "  The  Writ  of  Habeas  Corpus.") 


BIBLIOGRAPHY. 


The  most  accessible  edition  of  Burke's  Works  is  that  pub 
lished  in  twelve  volumes  by  Little,  Brown  &  Company,  Boston, 
1894.  Many  of  his  important  speeches  and  letters  have  been 
edited  for  school  use.  The  best  account  of  his  life  is  that  of 
John  Morley,  in  the  English  Men  of  Letters  Series;  Morley 
has  also  contributed  an  interesting  article  on  Burke  to  the 
Encyclopedia  Britannica.  A  more  critical  study  of  Burke's 
work  may  be  found  in  Morley's  Edmund  Burke:  a  Historical 
Study,  London,  1869.  More  detailed  accounts  of  his  life  are 
those  of  James  Prior,  two  volumes,  London,  1854,  and  of 
Thomas  Macknight,  three  volumes,  London,  1858.  The  mere 
facts  of  his  life  are  given  in  the  Dictionary  of  National  Biog 
raphy.  Brief,  interesting  criticisms  of  Burke  may  be  found 
in  Augustine  Birrell's  OUter  Dicta,  2nd  Series,  New  York, 
1887;  Sir  James  FitzJames  Stephen's  Horce  Sallaticce,  3rd 
Series,  Macmillan,  1892 ;  and  in  Woodrow  Wilson's  Mere  Litera 
ture,  1896.  For  some  idea  of  Burke's  friends  and  surroundings, 
a  student  should  read  Thackeray's  English  Humourists,  and 
Boswell's  Life  of  Johnson.  The  history  of  the  period  may  be 
found  in  Bancroft's  History  of  the  United  States,  Lecky's  His 
tory  of  England  in  the  18th  Century,  and  in  Fiske's  American 
Revolution.  Contemporary  accounts  are  given  in  Hansard's 
Parliamentary  Debates  and  in  the  Annual  Register. 


LETTER 

FROM 

EDMUND    B  U  R  K  E,  Efq; 

One  of  the  Reprefentatives  in  Parliament 
fot  the  City  of  BRISTOL, 

T  o 

JOHN  FAKR  and  JOHN  HARRIS,  Efqrs, 
Sheriffs  of  that  City, 

ON    THE 

AFFAIRS  OF   AMERICA. 


LONDON: 

Priated  fox  J.  D  O  D  S  L  E  V,  in  PALL-MAI^ 
MDCCUKVU. 


A 

LETTER,  &c. 


GENTLEMEN, 

I  HAVE  the  honour  of  sending  you  the  two  last  acts 
which  have  been  passed  with  regard  to  the  troubles 
in  America.  These  acts  are  similar  to  all  the  rest  which 
have  been  made  on  the  same  subject.  They  operate  by 
the  same  principle;  and  they  are  derived  from  the  very  5 
same  policy.  I  think  they  complete  the  number  of  this 
sort  of  statutes  to  nine.  It  affords  no  matter  for  very 
pleasing  reflection  to  observe,  that  our  subjects  diminish, 
as  our  laws  increase. 

If  I  have  the  misfortune  of  differing  with  some  of  my  10 
fellow-citizens  on  this  great  and  arduous  subject,  it  is  no 
small  consolation  to  me  that  I  do  not  differ  from  you. 
With  you  I  am  perfectly  united.    We  are  heartily  agreed 
in  our  detestation  of  a  civil  war.    We  have  ever  expressed 
the  most  unqualified  disapprobation  of  all  the  steps  which  15 
have  led  to  it,  and  of  all  those  which  tend  to  prolong  it. 
And  I  have  no  doubt  that  we  feel  exactly  the  same  emo 
tions  of  grief  and  shame  on  all  its  miserable  consequences ; 
whether  they  appear,  on  the  one  side  or  the  other,  in  the 

1 


2  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

shape  of  victories  or  defeats,  of  captures  made  from  the 
English  on  the  continent,  or  from  the  English  in  these 
islands;  of  legislative  regulations  which  subvert  the  lib 
erties  of  our  brethren,  or  which  undermine  our  own. 
5  Of  the  first  of  these  statutes  (that  for  the  letter  of 
marque)  I  shall  say  little.  Exceptionable  as  it  may  be, 
and  as  I  think  it  is  in  some  particulars,  it  seems  the  nat 
ural,  perhaps  necessary  result  of  the  measures  we  have 
taken,  and  the  situation  we  are  in.  The  other  (for  a  par- 

10  tial  suspension  of  the  Habeas  Corpus)  appears  to  me 
of  a  much  deeper  malignity.  During  its  progress 
through  the  House  of  Commons,  it  has  been  amended, 
so  as  to  express,  more  distinctly  than  at  first  it  did,  the 
avowed  sentiments  of  those  who  framed  it :  and  the  main 

15  ground  of  my  exception  to  it  is,  because  it  does  express, 
and  does  carry  into  execution,  purposes  which  appear 
to  me  so  contradictory  to  all  the  principles,  not  only  of 
the  constitutional  policy  of  Great  Britain,  but  even  of 
that  species  of  hostile  justice,  which  no  asperity  of  war 

20  wholly  extinguishes  in  the  minds  of  a  civilized  people. 

It  seems  to  have  in  view  two  capital  objects;  the  first, 
to  enable  administration  to  confine,  as  long  as  it  shall 
think  proper,  those  whom  that  act  is  pleased  to  qualify 
by  the  name  of  pirates.  Those  so  qualified  I  understand 

25  to  be  the  commanders  and  mariners  of  such  privateers 
and  ships  of  war  belonging  to  the  colonies,  as  in  the 
course  of  this  unhappy  contest  may  fall  into  the  hands 
of  the  crown.  They  are  therefore  to  be  detained  in 
prison,  under  the  criminal  description  of  piracy,  to  a 

30  future  trial  and  ignominious  punishment,  whenever  cir 
cumstances  shall  make  it  convenient  to  execute  vengeance 


ON  THE  AFFAIRS  OF  AMERICA.  3 

on  them,  under  the  colour  of  that  odious  and  infamous 
offence. 

To  this  first  purpose  of  the  law  I  have  no  small  dislike ; 
because  the  act  does  not  (as  all  laws  and  all  equitable 
transactions  ought  to  do)  fairly  describe  its  object.     The  5 
persons  who  make  a  naval  war  upon  us,  in  consequence 
of  the  present  troubles,  may  be  rebels;  but  to  call  and 
treat  them  as  pirates,  is  confounding,  not  only  the  nat 
ural  distinction  of  things,  but  the  order  of  crimes ;  which, 
whether  by  putting  them  from  a  higher  part  of  the  scale  10 
to  the  lower,  or  from  the  lower  to  the  higher,  is  never 
done  without  dangerously  disordering  the  whole  frame 
of  jurisprudence.     Though  piracy  may  be,  in  the  eye  of 
the  law,  a  less  offence  than  treason;  yet  as  both  are,  in 
effect,  punished  with  the  same  death,  the  same  forfeiture,  15 
and  the  same  corruption  of  blood,  I  never  would  take 
from  any  fellow-creature  whatever  any  sort  of  advantage 
which  he  may  derive  to  his  safety  from  the  pity  of  man 
kind,   or  to  his  reputation  from  their  general  feelings, 
by  degrading  his  offence,  when  I  cannot  soften  his  pun-  20 
ishment.     The  general  sense  of  mankind  tells  me,  that 
those  offences,  which  may  possibly  arise  from  mistaken 
virtue,  are  not  in  the  class  of  infamous  actions.     Lord 
Coke,  the  oracle  of  the  English  law,  conforms  to  that 
general  sense  where  he  says,  that  "those  things  which  25 
are  of  the  highest  criminality  may  be  of  the  least  dis 
grace."     The  act  prepares  a  sort  of  masked  proceeding, 
not  honourable  to  the  justice  of  the  kingdom,  and  by  no 
means  necessary  for  its  safety.     I  cannot  enter  into  it. 
If  Lord  Balmerino,    in  the  last  rebellion,  had  driven  off  30 
the  cattle  of  twenty  clans,  I  should  have  thought  it  would 


4  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

have  been  a  scandalous  and  low  juggle,  utterly  unworthy 
of  the  manliness  of  an  English  judicature,  to  have  tried 
him  for  felony  as  a  stealer  of  cows. 

Besides,  I  must  honestly  tell  you,  that  I  could  not 
5  vote  for,  or  countenance  in  any  way,  a  statute,  which 
stigmatises,  with  the  crime  of  piracy,  these  men,  whom  an 
act  of  parliament  had  previously  put  out  of  the  protec 
tion  of  the  law.  When  the  legislature  of  this  kingdom 
had  ordered  all  their  ships  and  goods,  for  the  mere  new- 

10  created  offence  of  exercising  trade,  to  be  divided  as  a 
spoil  among  the  seamen  of  the  navy,  —  to  consider  the 
necessary  reprisal  of  an  unhappy,  proscribed,  interdicted 
people,  as  the  crime  of  piracy,  would  have  appeared,  in 
any  other  legislature  than  ours,  a  strain  of  the  most  in- 

15  suiting  and  most  unnatural  cruelty  and  injustice.  I 
assure  you  I  never  remember  to  have  heard  of  anything 
like  it  in  any  time  or  country. 

The  second  professed  purpose  of  the  act  is.  to  detain 
in  England  for  trial  those  who  shall  commit  high  treason 

20  in  America. 

That  you  may  be  enabled  to  enter  into  the  true  spirit 
of  the  present  law,  it  is  necessary,  gentlemen,  to  apprise 
you,  that  there  is  an  act,  made  so  long  ago  as  in  the 
reign  of  Henry  the  Eighth,  before  the  existence  or  thought 

25  of  any  English  colonies  in  America,  for  the  trial  in  this 
kingdom  of  treasons  committed  out  of  the  realm.  In 
the  year  1769,  parliament  thought  proper  to  acquaint  the 
crown  with  their  construction  of  that  act  in  a  formal 
address,  wherein  they  entreated  his  Majesty  to  cause  per- 

30  sons,  charged  with  high  treason  in  America,  to  be  brought 
into  this  kingdom  for  trial.  By  this  act  of  Henry  the 


ON  THE  AFFAIRS  OF  AMERICA.  5 

Eighth,  so  construed  and  so  applied,  almost  all  that  is  sub 
stantial  and  beneficial  in  a  trial  by  jury  is  taken  away 
from  the  subject  in  the  colonies.  This  is  however  saying 
too  little;  for  to  try  a  man  under  that  act  is,  in  effect,  to 
condemn  him  unheard.  A  person  is  brought  hither  in  5 
the  dungeon  of  a  ship's  hold;  thence  he  is  vomited  into 
a  dungeon  on  land;  loaded  with  irons,  unfurnished  with 
money,  unsupported  by  friends,  three  thousand  miles  from 
all  means  of  calling  upon  or  confronting  evidence,  where 
no  one  local  circumstance  that  tends  to  detect  perjury,  10 
can  possibly  be  judged  of; — such  a  person  may  be  exe 
cuted  according  to  form,  but  he  can  never  be  tried  accord* 
ing  to  justice. 

I  therefore  could  never  reconcile  myself  to  the  bill  I 
send  you;  which  is  expressly  provided  to  remove  all  in-  15 
conveniences  from  the  establishment  of  a  mode  of  trial, 
which  has  ever  appeared  to  me  most  unjust  and  most 
unconstitutional.     Far    from    removing    the    difficulties 
which  impede  the  execution  of  so  mischievous  a  project, 
I  would  heap  new  difficulties  upon  it,  if  it  were  in  my  20 
power.     All  the  ancient,  honest,  juridical  principles  and 
institutions  of  England  are  so  many  clogs  to  check  and 
retard  the  headlong  course  of  violence  and  oppression. 
They    were   invented   for   this   one   good   purpose,    that 
what  was  not  just  should  not  be  convenient.     Convinced  25 
of  this,  I  would  leave  things  as  I  found  them.    The  old, 
cool-headed,  general  law,  is  as  good  as  any  deviation  dic 
tated  by  present  heat. 

I  could  see  no  fair,  justifiable  expedience  pleaded  to 
favour  this  new  suspension  of  the  liberty  of  the  subject.  30 
If  the  English  in  the  colonies  can  support  the  independ- 


6  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

ency,  to  which  they  have  been  unfortunately  driven,  I 
suppose  nobody  has  such  a  fanatical  zeal  for  the  criminal 
justice  of  Henry  the  Eighth,  that  he  will  contend  for 
executions  which  must  be  retaliated  tenfold  on  his  own 
5  friends;  or  who  has  conceived  so  strange  an  idea  of 
English  dignity,  as  to  think  the  defeats  in  America  com 
pensated  by  the  triumphs  at  Tyburn.  If,  on  the  con 
trary,  the  colonies  are  reduced  to  the  obedience  of  the 
crown,  there  must  be,  under  that  authority,  tribunals  in 

10  the  country  itself,  fully  competent  to  administer  justice 
on  all  offenders.  But  if  there  are  not,  and  that  we  must 
suppose  a  thing  so  humiliating  to  our  government,  as 
that  all  this  vast  continent  should  unanimously  concur 
in  thinking,  that  no  ill  fortune  can  convert  resistance  to 

15  the  royal  authority  into  a  criminal  act,  we  may  call  the 
effect  of  our  victory  peace,  or  obedience,  or  what  we  will ; 
but  the  war  is  not  ended;  the  hostile  mind  continues  in 
full  vigour,  and  it  continues  under  a  worse  form.  If  your 
peace  be  nothing  more  than  a  sullen  pause  from  arms; 

20  if  their  quiet  be  nothing  but  the  meditation  of  revenge, 
where  smitten  pride  smarting  from  its  wounds,  festers 
into  new  rancour,  neither  the  act  of  Henry  the  Eighth, 
nor  its  handmaid  of  this  reign,  will  answer  any  wise  end 
of  policy  or  justice.  For  if  the  bloody  fields,  which  they 

25  saw  and  felt,  are  not  sufficient  to  subdue  the  reason  of 
America  (to  use  the  expressive  phrase  of  a  great  lord  in 
office)  it  is  not  the  judicial  slaughter,  which  is  made  in 
another  hemisphere  against  their  universal  sense  of  jus 
tice,  that  will  ever  reconcile  them  to  the  British  govern- 

30  ment. 

I  take  it  for  granted,  gentlemen,  that  we  sympathise 


ON  THE  AFFAIRS  OF  AMERICA.  7 

in  a  proper  horror  of  all  punishment  further  than  as  it 
serves  for  an  example.     To  whom  then  does  the  example     • 
of  an  execution  in  England  for  this  American  rebellion 
apply?     Remember,   you   are   told   every   day,    that   the 
present  is  a  contest  between  the  two  countries;  and  that  5 
we  in  England  are  at  war  for  our  own  dignity  against 
our  rebellious   children.     Is  this  true?     If  it   be,   it  is 
surely  among  such  rebellious  children  that  examples  for 
disobedience  should  be  made,  to  be  in  any  degree  instruc 
tive  :  for  who  ever  thought  of  teaching  parents  their  duty  10 
by  an  example  from  the  punishment  of  an  undutif ul  son  ? 
As  well  might  the  execution  of  a  fugitive  negro  in  the 
plantations  be  considered  as  a  lesson  to  teach  masters 
humanity  to  their  slaves.     Such  executions  may  indeed 
satiate  our  revenge;  they  may  harden  our  hearts,   and  15 
puff  us  up  with  pride  and  arrogance.     Alas!  this  is  not 
instruction ! 

If  anything  can  be  drawn  from  such  examples  by  a 
parity  of  the  case,  it  is  to  show  how  deep  their  crime  and 
how  heavy  their  punishment  will  be,  who  shall  at  any  20 
time  dare  to   resist  a  distant  power  actually  disposing 
of  their  property,  without  their  voice  or  consent  to  the 
disposition;    and    overturning    their    franchises    without 
charge  or  hearing.    God  forbid  that  England  should  ever 
read  this  lesson  written  in  the  blood  of  any  of  her  off-  25 
spring ! 

War  is  at  present  carried  on  between  the  king's  natural 
and   foreign   troops    on   one   side,    and   the   English   in 
America  on  the  other,  upon  the  usual  footing  of  other 
wars;  and  accordingly  an  exchange  of  prisoners  has  been  30 
regularly  made  from  the  beginning.    If  notwithstanding 


8  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

this  hitherto  equal  procedure,  upon  some  prospect  of  end 
ing  the  war  with  success  (which  however  may  be  delu 
sive)  administration  prepares  to  act  against  those  as 
traitors  who  remain  in  their  hands  at  the  end  of  the 
5  troubles,  in  my  opinion  we  shall  exhibit  to  the  world  as 
indecent  a  piece  of  injustice  as  ever  civil  fury  has  pro 
duced.  If  the  prisoners,  who  have  been  exchanged,  have 
not  by  that  exchange  been  virtually  pardoned,  the  cartel 
(whether  avowed  or  understood)  is  a  cruel  fraud;  for  you 

10  have  received  the  life  of  a  man,  and  you  ought  to  return 
a  life  for  it,  or  there  is  no  parity  or  fairness  in  the  trans 
action. 

If,  on  the  other  hand,  we  admit,  that  they  who  are 
actually  exchanged  are  pardoned,  but  contend  that  you 

15  may  justly  reserve  for  vengeance  those  who  remain  unex- 
changed;  then  this  unpleasant  and  unhandsome  conse 
quence  will  follow;  that  you  judge  of  the  delinquency  of 
men  merely  by  the  time  of  their  guilt,  and  not  by  the 
heinousness  of  it;  and  you  make  fortune  and  accidents, 

20  and  not  the  moral  qualities  of  human  action,  the  rule  of 
your  justice. 

These  strange  incongruities  must  ever  perplex  those, 
who  confound  the  unhappiness  of  civil  dissensions  with 
the  crime  of  treason.  Whenever  a  rebellion  really  and 

25  truly  exists,  which  is  as  easily  known  in  fact,  as  it  is 
difficult  to  define  in  words,  government  has  not  entered 
into  such  military  conventions;  but  has  ever  declined  all 
intermediate  treaty,  which  should  put  rebels  in  possession 
of  the  law  of  nations  with  regard  to  war.  Commanders 

30  would  receive  no  benefits  at  their  hands,  because  they 
could  make  no  return  for  them.  Who  has  ever  heard 


ON  THE  AFFAIRS  OF  AMERICA.  9 

of  capitulation,  and  parole  of  honour,  and  exchange 
of  prisoners,  in  the  late  rebellions  in  this  kingdom  ?  The 
answer  to  all  demands  of  that  sort  was,  "We  can  en 
gage  for  nothing;  you  are  at  the  king's  pleasure."  We 
ought  to  remember,  that  if  our  present  enemies  be,  in  5 
reality  and  truth,  rebels,  the  king's  generals  have  no  right 
to  release  them  upon  any  conditions  whatsoever;  and  they 
are  themselves  answerable  to  the  law,  and  as  much  in  want 
of  a  pardon  for  doing  so,  as  the  rebels  whom  they  release. 

Lawyers,  I  know,  cannot  make  the-  distinction  for  which  10 
I  contend;  because  they  have  their  strict  rule  to  go  by. 
But  legislators  ought  to  do  what  lawyers  cannot;  for  they 
have  no  other  rules  to  bind  them,  but  the  great  principles 
of  reason  and  equity,  and  the  general  sense  of  mankind. 
These  they  are  bound  to  obey  and  follow;  and  rather  to  15 
enlarge  and  enlighten  law  by  the  liberality  of  legislative 
reason,  than  to  fetter  and  bind  their  higher  capacity  by 
the  narrow  constructions  of  subordinate,  artificial  jus 
tice.  If  we  had  adverted  to  this,  we  never  could  consider 
the  convulsions  of  a  great  empire,  not  disturbed  by  a  20 
little  disseminated  faction,  but  divided  by  whole  com 
munities  and  provinces,  and  entire  legal  representatives 
of  a  people,  as  fit  matter  of  discussion  under  a  commis 
sion  of  Oyer  and  Terminer.  It  is  as  opposite  to  reason 
and  prudence,  as  it  is  to  humanity  and  justice.  25 

This  act,  proceeding  on  these  principles,  that  is,  pre 
paring  to  end  the  present  troubles  by  a  trial  of  one  sort 
of  hostility,  under  the  name  of  piracy,  and  of  another  by 
the  name  of  treason,  and  executing  the  act  of  Henry  the 
Eighth  according  to  a  new  and  unconstitutional  inter-  30 
pretation,  I  have  thought  evil  and  dangerous,  even  though 


10         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

the  instruments  of  effecting  such  purposes  had  been  mere 
ly  of  a  neutral  quality. 

B*ut  it  really  appears  to  me,  that  the  means  which  this 
act  employs  are,  at  least,  as  exceptionable  as  the  end. 
5  Permit  me  to  open  myself  a  little  upon  this  subject,  be 
cause  it  is  of  importance  to  me,  when  I  am  obliged  to 
submit  to  the  power  without  acquiescing  in  the  reason 
of  an  act  of  legislature,  that  I  should  justify  my  dissent 
by  such  arguments  as  may  be  supposed  to  have  weight 

10  with  a  sober  man. 

The  main  operative  regulation  of  the  act  is  to  suspend 
the  common  law,  and  the  statute  Habeas  Corpus,  (the 
sole  securities  either  for  liberty  or  justice)  with  regard 
to  all  those  who  have  been  out  of  the  realm,  or  on  the  high 

15  seas,  within  a  given  time.  The  rest  of  the  people,  as  I 
understand,  are  to  continue  as  they  stood  before. 

I  confess,  gentlemen,  that  this  appears  to  me  as  bad 
in  the  principle,  and  far  worse  in  its  consequence,  than 
an  universal  suspension  of  the  Habeas  Corpus  act;  and 

20  the  limiting  qualification,  instead  of  taking  out  the  sting, 
does  in  my  humble  opinion  sharpen  and  envenom  it  to 
a  greater  degree.  Liberty,  if  I  understand  it  at  all,  is  a 
general  principle,  and  the  clear  right  of  all  the  subjects 
within  the  realm,  or  of  none.  Partial  freedom  seems  to 

25  me  a  most  invidious  mode  of  slavery.  But,  unfortunate 
ly,  it  is  the  kind  of  slavery  the  most  easily  admitted  in 
times  of  civil  discord;  for  parties  are  but  too  apt  to  for 
get  their  own  future  safety  in  their  desire  of  sacrificing 
their  enemies.  People  without  much  difficulty  admit  the 

30  entrance  of  that  injustice  of  which  they  are  not  to  be 
the  immediate  victims.  In  times  of  high  proceeding  it 


ON  THE  AFFAIRS  OF  AMERICA.  11 

is  never  the  faction  of  the  predominant  power  that  is  in 
danger:  for  no  tyranny  chastises  its  own  instruments. 
It  is  the  obnoxious  and  the  suspected  who  want  the  pro 
tection  of  law;  and  there  is  nothing  to  bridle  the  partial 
violence  of  state  factions,  but  this ;  "  that  whenever  an  5 
act  is  made  for  a  cessation  of  law  and  justice,  the  whole 
people  should  be  universally  subjected  to  the  same  sus 
pension  of  their  franchises."  The  alarm  of  such  a  pro 
ceeding  would  then  be  universal.  It  would  operate  as  a 
sort  of  Call  of  the  nation.  It  would  become  every  man's  10 
immediate  and  instant  concern  to  be  made  very  sensible 
of  the  absolute  necessity  of  this  total  eclipse  of  liberty. 
They  would  more  carefully  advert  to  every  renewal,  and 
more  powerfully  resist  it.  These  great  determined  meas 
ures  are  not  commonly  so  dangerous  to  freedom.  They  15 
are  marked  with  too  strong  lines  to  slide  into  use.  No 
plea,  nor  pretence,  of  inconvenience  or  evil  example 
(which  must  in  their  nature  be  daily  and  ordinary  inci 
dents)  can  be  admitted  as  a  reason  for  such  mighty  oper 
ations.  But  the  true  danger  is,  when  liberty  is  nibbled  20 
away,  for  expedients,  and  by  parts.  The  Habeas  Corpus 
act  supposes,  contrary  to  the  genius  of  most  other  laws, 
that  the  lawful  magistrate  may  see  particular  men  with 
a  malignant  eye,  and  it  provides  for  that  identical  case. 
But  when  men,  in  particular  descriptions,  marked  out  by  25 
the  magistrate  himself,  are  delivered  over  by  parliament 
to  this  possible  malignity,  it  is  not  the  Habeas  Corpus 
that  is  occasionally  suspended,  but  its  spirit  that  is  mis 
taken,  and  its  principle  that  is  subverted.  Indeed  nothing 
is  security  to  any  individual  but  the  common  interest  of  3° 
all. 


12          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

This  act,  therefore,  has  this  distinguished  evil  in  it, 
that  it  is  the  first  partial  suspension  of  the  Habeas  Corpus 
that  has  been  made.  The  precedent,  which  is  always 
of  very  great  importance,  is  now  established.  For  the 
5  first  time  a  distinction  is  made  among  the  people  within 
this  realm.  Before  this  act,  every  man  putting  his  foot 
on  English  ground,  every  stranger  owing  only  a  local 
and  temporary  allegiance,  even  negro  slaves  who  had  been 
sold  in  the  colonies  and  under  an  act  of  parliament,  be- 

10  came  as  free  as  every  other  man  who  breathed  the  same 
air  with  them.  Now  a  line  is  drawn,  which  may  be  ad 
vanced  further  and  further  at  pleasure,  on  the  same 
argument  of  mere  expedience,  on  which  it  was  first  de 
scribed.  There  is  no  equality  among  us;  we  are  not 

15  fellow-citizens,  if  the  mariner,  who  lands  on  the  quay, 
does  not  rest  on  as  firm  legal  ground  as  the  merchant 
who  sits  in  his  counting-house.  Other  laws  may  injure 
the  community,  this  dissolves  it.  As  things  now  stand, 
every  man  in  the  West  Indies,  every  one  inhabitant  of 

20  three  unoffending  provinces  on  the  continent,  every  per 
son  coming  from  the  East  Indies,  every  gentleman  who 
has  travelled  for  his  health  or  education,  every  mariner 
who  has  navigated  the  seas,  is,  for  no  other  offence,  under 
a  temporary  proscription.  Let  any  of  these  facts  (now 

25  become  presumptions  of  guilt)  be  proved  against  him, 
and  the  bare  suspicion  of  the  crown  puts  him  out  of  the 
law.  It  is  even  by  no  means  clear  to  me,  whether  the 
negative  proof  does  not  lie  upon  the  person  apprehended 
on  suspicion,  to  the  subversion  of  all  justice. 

30  I  have  not  debated  against  this  bill  in  its  progress 
through  the  House;  because  it  would  have  been  vain  to 


ON  THE  AFFAIRS  OF  AMERICA.  13 

oppose,  and  impossible  to  correct  it.    It  is  some  time  since 
I  have  been  clearly  convinced,  that  in  the  present  state 
of  things  all  opposition  to  any  measures  proposed  by  min 
isters,  where  the  name  of  America  appears,  is  vain  and 
frivolous.    You    may  be  sure  that  I  do  not  speak  of  my  5 
opposition,  which  in  all  circumstances  must  be  so;  but 
that  of  men  of  the  greatest  wisdom  and  authority  in  the 
nation.     Every  thing  proposed  against  America  is  sup 
posed  of  course  to  be  in  favour  of  Great  Britain.     Good 
and  ill  success  are  equally  admitted  as  reasons  for  per-  10 
severing  in  the  present  methods.     Several  very  prudent, 
and  very  well-intentioned  persons  were  of  opinion,  that 
during  the  prevalence  of  such  dispositions,  all  struggle 
rather  inflamed  than  lessened  the  distemper  of  the  public 
councils.     Finding  such  resistance  to  be  considered  as  15 
factious  by  most  within  doors,  and  by  very  many  with 
out,  I  cannot  conscientiously  support  what  is  against  my 
opinion,  nor  prudently  contend  with  what  I  know  is  irre 
sistible.     Preserving  my  principles  unshaken,  I  reserve 
my  activity  for  rational  endeavours;  and  I  hope  that  my  20 
past  conduct  has  given  sufficient  evidence  that  if  I  am  a 
single  day  from  my  place,  it  is  not  owing  to  indolence  or 
love  of  dissipation.    The  slightest  hope  of  doing  good  is 
sufficient  to  recall  me  to  what  I  quitted  with  regret.    In 
declining  for  some  time  my  usual  strict  attendance,  I  do  25 
not  in  the  least  condemn  the  spirit  of  those  gentlemen, 
who,  with  a  just  confidence  in  their  abilities,  (in  which 
I  claim  a  sort  of  share  from  my  love  and  admiration  of 
them)  were  of  opinion  that  their  exertions  in  this  desper 
ate  case  might  be  of  some  service.     They  thought,  that  30 
by  contracting  the  sphere  of  its  application,  they  might 


14  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

lessen  the  malignity  of  an  evil  principle.  Perhaps  they 
were  in  the  right.  But  when  my  opinion  was  so  very 
clearly  to  the  contrary,  for  the  reasons  I  have  just  stated, 
I  am  sure  my  attendance  would  have  been  ridiculous. 
5  I  must  add  in  further  explanation  of  my  conduct,  that, 
far  from  softening  the  features  of  such  a  principle,  and 
thereby  removing  any  part  of  the  popular  odium  or  nat 
ural  terrors  attending  it,  I  should  be  sorry,  that  anything 
framed  in  contradiction  to  the  spirit  of  our  constitution 

10  did  not  instantly  produce,  in  fact,  the  grossest  of  the 
evils,  with  which  it  was  pregnant  in  its  nature.  It  is  by 
lying  dormant  a  long  time,  or  being  at  first  very  rarely 

•vi  exercised,  that  arbitrary  power  steals  upon  a  people.  OiD 
the  next  unconstitutional  act,  all  the  fashionable  world 

15  will  be  ready  to  say  —  Your  prophecies  are  ridiculous, 
your  fears  are  vain,  you  see  how  little  of  the  mischiefs 
which  you  formerly  foreboded  are  come  to  pass.     Thus, 
by  degrees,  that  artful  softening  of  all  arbitrary  power, 
the  alleged  infrequency  or  narrow  extent  of  its  opera- 

20  tion,  will  be  received  as  a  sort  of  aphorism  —  and  Mr. 
Hume  will  not  be  singular  in  telling  us,  that  the  felicity 
of  mankind  is  no  more  disturbed  by  it,  than  by  earth 
quakes  or  thunder,  or  the  other  more  unusual  accidental 
of  nature. 

25,'  The  act  of  which  I  speak  is  among  the  fruits  of  the 
American  war;  a  war  in  my  humble  opinion  productive 
of  many  mischiefs,  of  a  kind  which  distinguish  it  from 
all  others.  Not  only  our  policy  is  deranged,  and  our  em 
pire  distracted,  but  our  laws  and  our  legislative  spirit  ap- 

30  pear  to  have  been  totally  perverted  by  it.  We  have  made 
war  on  our  colonies,  not  by  arms  only,  but  by  laws.  As 


ON  THE  AFFAIRS  OF  AMERICA.  15 

hostility  and  law  are  not  very  concordant  ideas,  every  step 
we  have  taken  in  this  business  has  been  made  by  trampling 
on  some  maxim  of  justice,  or  some  capital  principle  of 
wise  government.  What  precedents  were  established, 
and  what  principles  overturned,  (I  will  not  say  of  English  5 
privilege,  but  of  general  justice)  in  the  Boston  Port,  the 
Massachuset's  Charter,  the  Military  Bill,  and  all  that 
long  array  of  hostile  acts  of  parliament,  by  which  the  war 
with  America  has  been  begun  and  supported!  Had  the 
principles  of  any  of  these  acts  been  first  exerted  on  English  10 
ground,  they  would  probably  have  expired  as  soon  as 
they  touched  it.  But  by  being  removed  from  our  persons, 
they  have  rooted  in  our  laws,  and  the  latest  posterity 
will  taste  the  fruits  of  them. 

Nor  is  it  the  worst  effect  of  this  unnatural  contention,  15 
that  our   laws   are   corrupted.     Whilst   manners   remain 
entire,  they  will  correct  the  vices  of  law,  and  soften  it 
at  length  to  their  own  temper.     But  we  have  to  lament, 
that  in  most  of  the  late  proceedings  we  see  very  few 
traces  of  that  generosity,  humanity,  and  dignity  of  mind,  20 
which  formerly  characterised  this  nation.     War  suspends 
the  rules  of  moral  obligation,  and  what  is  long  suspended 
is  in  danger  of  being  totally  abrogated.    Civil  wars  strike 
deepest  of  all  into  the  manners  of  the  people.    They  vitiate 
their  politics;   they  corrupt  their   morals;   they  pervert  25 
even  the  natural  taste  and  relish  of  equity  and  justice. 
By  teaching  us  to  consider  our  fellow-citizens  in  a  hos 
tile  light,  the  whole  body  of  our  nation  becomes  gradually 
less  dear  to  us.     The  very  names  of  affection  and  kin 
dred,  which  were  the  bond  of  charity  whilst  we  agreed,  30 
become  new  incentives  to  hatred  and  rage,  when  the  com- 


16         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

munion  of  our  country  is  dissolved.  We  may  flatter  our 
selves  that  we  shall  not  fall  into  this  misfortune.  But 
we  have  no  charter  of  exemption,  that  I  know  of,  from 
the  ordinary  frailties  of  our  nature. 

5  What  but  that  blindness  of  heart  which  arises  from  the 
phrensy  of  civil  contention,  could  have  made  any  persons 
conceive  the  present  situation  of  the  British  affairs  as  an 
object  of  triumph  to  themselves,  or  of  congratulation  to 
their  sovereign  ?  Nothing  surely  could  be  more  lamentable 

10  to  those  who  remember  the  flourishing  days  of  this  king 
dom,  than  to  see  the  insane  joy  of  several  unhappy  people, 
amidst  the  sad  spectacle  which  our  affairs  and  conduct 
exhibit  to  the  scorn  of  Europe.  We  behold  (and  it  seems 
some  people  rejoice  in  beholding)  our  native  land,  which 

15  used  to  sit  the  envied  arbiter  of  all  her  neighbours,  re 
duced  to  a  servile  dependence  on  their  mercy;  acquies 
cing  in  assurances  of  friendship  which  she  does  not  trust ; 
complaining  of  hostilities  which  she  dares  not  resent; 
deficient  to  her  allies;  lofty  to  her  subjects,  and  submis- 

20  sive  to  her  enemies;  whilst  the  liberal  government  of  this 
free  nation  is  supported  by  the  hireling  sword  of  German 
boors  and  vassals;  and  three  millions  of  the  subjects  of 
Great  Britain  are  seeking  for  protection  to  English  privi 
leges  in  the  arms  of  France ! 

25  These  circumstances  appear  to  me  more  like  shocking 
prodigies,  than  natural  changes  in  human  affairs.  Men 
of  firmer  minds  may  see  them  without  staggering  or 
astonishment. —  Some  may  think  them  matters  of  con 
gratulation  and  complimentary  addresses;  but  I  trust 

30  your  candour  will  be  so  indulgent  to  my  weakness,  as  not 
to  have  the  worse  opinion  of  me  for  my  declining  to  par- 


ON  THE  AFFAIRS  OF  AMERICA.  17 

tieipate  in  this  joy;  and  my  rejecting  all  share  whatso 
ever  in  such  a  triumph.  I  am  too  old,  too  stiff  in  my 
inveterate  partialities,  to  be  ready  at  all  the  fashionable 
evolutions  of  opinion.  I  scarcely  know  how  to  adapt  my 
mind  to  the  feelings  with  which  the  court  gazettes  mean  5 
to  impress  the  people.  It  is  not  instantly  that  I  can  be 
brought  to  rejoice,  when  I  hear  of  the  slaughter  and  cap 
tivity  of  long  lists  of  those  names  which  have  been 
familiar  to  my  ears  from  my  infancy,  and  to  rejoice  that 
they  have  fallen  under  the  sword  of  strangers,  whose  bar-  10 
barous  appellations  I  scarcely  know  how  to  pronounce. 
The  glory  acquired  at  the  White  Plains  by  Colonel  Kaille 
has  no  charms  for  me;  and  I  fairly  acknowledge,  that  I 
have  not  yet  learned  to  delight  in  finding  Fort  Knip- 
hausen  in  the  heart  of  the  British  dominions.  15 

It  might  be  some  consolation  for  the  loss  of  our  old 
regards,  if  our  reason  were  enlightened  in  proportion  as 
our  honest  prejudices  are  removed.  Wanting  feelings  for 
the  honour  of  our  country,  we  might  then  in  cold  blood 
be  brought  to  think  a  little  of  our  interests  as  individual  20 
citizens,  and  our  private  conscience  as  moral  agents. 

Indeed  our  affairs  are  in  a  bad  condition.    I  do  assure 
those  gentlemen  who  have  prayed  for  war,  and  have  ob 
tained  the  blessing  they  have  sought,  that  they  are  at  this 
instant  in  very  great  straits.     The  abused  wealth  of  this  25 
country  continues  a  little  longer  to  feel  its  distemper.   As 
yet  they,   and  their   German    allies   of   twenty   hireling 
states,  have  contended  only  with  the  unprepared  strength 
of  our  own  infant  colonies.     But  America  is  not  sub 
dued.     Not  one  unattacked  village  which  was  originally  30 
adverse  throughout  that  vast  continent,  has  yet  submitted 


18          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

from,  love  or  terror.  You  have  the  ground  you  encamp 
on;  and  you  have  no  more.  The  cantonments  of  your 
troops  and  your  dominions  are  exactly  of  the  same  extent. 
You  spread  devastation,  but  you  do  not  enlarge  the  sphere 
5  of  authority. 

The  events  of  this  war  are  of  so  much  greater  magni 
tude  than  those  who  either  wished  or  feared  it,  ever  looked 
for,  that  this  alone  ought  to  fill  every  considerate  mind 
with  anxiety  and  diffidence.  Wise  men  often  tremble  at 

10  the  very  things  which  fill  the  thoughtless  with  security. 
For  many  reasons  I  do  not  choose  to  expose  to  public 
view  all  the  particulars  of  the  state  in  which  you  stood 
with  regard  to  foreign  powers,  during  the  whole  course 
of  the  last  year.  Whether  you  are  yet  wholly  out  of  danger 

15  from  them,  is  more  than  I  know,  or  than  your  rulers  can 
divine.  But  even  if  I  were  certain  of  my  safety,  I  could 
not  easily  forgive  those  who  had  brought  me  into  the  most 
dreadful  perils,  because  by  accidents,  unforeseen  by  them 
or  me,  I  have  escaped. 

20  Believe  me,  gentlemen,  the  way  still  before  you  is  intri 
cate,  dark,  and  full  of  perplexed  and  treacherous  mazes. 
Those  who  think  they  have  the  clue  may  lead  us  out  of 
this  labyrinth.  We  may  trust  them  as  amply  as  we  think 
proper;  but  as  they  have  most  certainly  a  call  for  all  the 

25  reason  which  their  stock  can  furnish,  why  should  we 
think  it  proper  to  disturb  its  operation  by  inflaming  their 
passions?  I  may  be  unable  to  lend  an  helping  hand  to 
those  who  direct  the  state;  but  I  should  be  ashamed  to 
make  myself  one  of  a  noisy  multitude  to  halloo  and 

30  hearten  them  into-  doubtful  and  dangerous  courses.  A 
conscientious  man  would  be  cautious  how  he  dealt  in 


ON  THE  AFFAIRS  OF  AMERICA.  19 

blood.  He  would  feel  some  apprehension  at  being  called 
to  a  tremendous  account  for  engaging  in  so  deep  a  play, 
without  any  sort  of  knowledge  of  the  game.  It  is  no  ex 
cuse  for  presumptuous  ignorance,  that  it  is  directed  by 
insolent  passion.  The  poorest  being  that  crawls  on  earth,  5 
contending  to  save  itself  from  injustice  and  oppression, 
is  an  object  respectable  in  the  eyes  of  God  and  man.  But 
I  cannot  conceive  any  existence  under  heaven,  (which, 
in  the  depths  of  its  wisdom,  tolerates  all  sorts  of  things) 
that  is  more  truly  odious  and  disgusting,  than  an  impo-  10 
tent  helpless  creature,  without  civil  wisdom  or  military 
skill,  without  a  consciousness  of  any  other  qualifica 
tion  for  power  but  his  servility  to  it,  bloated  with  pride 
and  arrogance,  calling  for  battles  which  he  is  not  to  fight, 
contending  for  a  violent  dominion  which  he  can  never  15 
exercise,  and  satisfied  to  be  himself  mean  and  miserable, 
in  order  to  render  others  contemptible  and  wretched. 

If  you  and  I  find  our  talents  not  of  the  great  and  rul 
ing  kind,  our  conduct,  at  least,  is  conformable  to  our 
faculties.    No  man's  life  pays  the  forfeit  of  our  rashness.  20 
No  desolate  widow  weeps  tears  of  blood  over  our  igno 
rance.  Scrupulous  and  sober  in  our  well-grounded  distrust 
of  ourselves,  we  would  keep  in  the  port  of  peace  and 
security;  and  perhaps  in  recommending  to  others  some 
thing  of  the  same  diffidence,  we  should  show  ourselves  25 
more  charitable  in  their  welfare,  than  injurious  to  their 
abilities. 

There  are  many  circumstances  in  the  zeal  shown  for 
civil  war,  which  seem  to  discover  but  little  of  real  mag 
nanimity.     The  addressers  offer  their  own  persons,  and  30 
they  are  satisfied  with  hiring  Germans.     They  promise 


20         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

their  private  fortunes,  and  they  mortgage  their  country. 
They  have  all  the  merit  of  volunteers,  without  risk  of 
person  or  charge  of  contribution;  and  when  the  unfeeling 
arm  of  a  foreign  soldiery  pours  out  their  kindred  blood 
5  like  water,  they  exult  and  triumph  as  if  they  themselves 
had  performed  some  notable  exploit.  I  am  really  ashamed 
of  the  fashionable  language  which  has  been  held  for  some 
time  past;  which,  to  say  the  best  of  it,  is  full  of  levity. 
You  know  that  I  allude  to  the  general  cry  against  the 

10  cowardice  of  the  Americans,  as  if  we  despised  them  for 
not  making  the  king's  soldiery  purchase  the  advantage 
they  have  obtained,  at  a  dearer  rate.  It  is  not,  gentlemen, 
it  is  not  to  respect  the  dispensations  of  Providence,  nor  to 
provide  any  decent  retreat  in  the  mutability  of  human 

15  affairs.  It  leaves  no  medium  between  insolent  victory 
and  infamous  defeat.  It  tends  to  alienate  our  minds 
further  and  further  from  our  natural  regards,  and  to  make 
an  eternal  rent  and  schism  in  the  British  nation.  Those 
who  do  not  wish  for  such  a  separation,  would  not  dissolve 

20  that  cement  of  reciprocal  esteem  and  regard,  which  can 
alone  bind  together  the  parts  of  this  great  fabric.  It 
ought  to  be  our  wish,  as  it  is  our  duty,  not  only  to  for 
bear  this  style  of  outrage  ourselves,  but  to  make  every 
one  as  sensible  as  we  can  of  the  impropriety  and  unworth- 

25  iness  of  the  tempers  which  give  rise  to  it,  and  which  de 
signing  men  are  labouring  with  such  malignant  industry 
to  diffuse  amongst  us.  It  is  our  business  to  counteract 
them,  if  possible;  if  possible,  to  awake  our  natural  re 
gards;  and  to  revive  the  old  partiality  to  the  English 

30  name.  Without  something  of  this  kind  I  do  not  see  how 
it  is  ever  practicable  really  to  reconcile  with  those,  whose 


ON  THE  AFFAIRS  OF  AMERICA.  21 

affection,  after  all,  must  be  the  surest  hold  of  our  gov 
ernment;  and  which  is  a  thousand  times  more  worth 
to  us,  than  the  mercenary  zeal  of  all  the  circles  of 
Germany. 

I  can  well  conceive  a  country  completely  overrun,  and  5 
miserably  wasted,  without  approaching  in  the  least  to  set 
tlement.    In  my  apprehension,  as  long  as  English  govern 
ment  is  attempted  to  be  supported  over  Englishmen  by  the 
sword  alone,  things  will  thus  continue.     I  anticipate  in 
my  mind  the  moment  of  the  final  triumph  of  foreign  mili-  10 
tary  force.    When  that  hour  arrives,  (for  it  may  arrive) 
then  it  is,  that  all  this  mass  of  weakness  and  violence 
will  appear  in  its  full  light.    If  we  should  be  expelled  from 
America,  the  delusion  of  the  partisans  of  military  gov 
ernment  might  still  continue.    They  might  still  feed  their  15 
imaginations  with  the  possible  good  consequences  which 
might  have  attended  success.     Nobody  could  prove  the 
contrary  by  facts.     But  in  case  the  sword  should  do  all 
that  the  sword  can  do,  the  success  of  their  arms  and  the 
defeat  of  their  policy  will  be  one  and  the  same  thing.  20 
You  will  never  see  any  revenue  from  America.    Some  in 
crease  of  the  means  of  corruption,  without  ease  of  the 
public  burthens,  is  the  very  best  that  can  happen.    Is  it 
for  this  that  we  are  at  war;  and  in  such  a  war? 

As  to  the  difficulties  of  laying  once  more  the  founda-  25 
tions  of  that  government,  which,  for  the  sake  of  conquer 
ing  what  was  our  own,  has  been  voluntarily  and  wanton 
ly  pulled  down  by  a  court  faction  here,  I  tremble  to  look 
at  them.    Has  any  of  these  gentlemen,  who  are  so  eager 
to  govern  all  mankind,  showed  himself  possessed  of  the  30 
first  qualification  towards  government,  some  knowledge 


22          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

of  the  object,  and  of  the  difficulties  which  occur  in  the 
task  they  have  undertaken  ? 

I  assure  you,  that,  on  the  most  prosperous  issue  of  your  ; 
arms,  you  will  not  be  where  you  stood,  when  you  called 
5  in  war  to  supply  the  defects  of  your  political  establish 
ment.  Nor  would  any  disorder  or  disobedience  to  gov 
ernment  which  could  arise  from  the  most  abject  conces 
sion  on  our  part,  ever  equal  those  which  will  be  felt, 
after  the  most  triumphant  violence.  You  have  got  all  the 

10  intermediate  evils  of  war  into  the  bargain. 

I  think  I  know  America.  If  I  do  not,  my  ignorance  is 
incurable,  for  I  have  spared  no  pains  to  understand  it: 
and  I  do  most  solemnly  assure  those  of  my  constituents 
who  put  any  sort  of  confidence  in  my  industry  and  integ- 

15  rity,  that  every  thing  that  has  been  done  there  has  arisen 
from  a  total  misconception  of  the  object :  that  our  means 
of  originally  holding  America,  that  our  means  of  recon 
ciling  with  it  after  quarrel,  of  recovering  it  after  separa 
tion,  of  keeping  it  after  victory,  did  depend,  and  must 

20  depend  in  their  several  stages  and  periods,  upon  a  total 
renunciation  of  that  unconditional  submission,  which  has 
taken  such  possession  of  the  minds  of  violent  men.  The 
whole  of  those  maxims,  upon  which  we  have  made  and 
continued  this  war,  must  be  abandoned.  Nothing  indeed, 

25  (for  I  would  not  deceive  you)  can  place  us  in  our  former 
situation.  That  hope  must  be  laid  aside.  But  there  is  a 
difference  between  bad  and  the  worst  of  all.  Terms  rela 
tive  to  the  cause  of  the  war  ought  to  be  offered  by  the 
authority  of  parliament.  An  arrangement  at  home  prom- 

30  ising  some  security  for  them  ought  to  be  made.  By  doing 
this,  without  the  least  impairing  of  our  strength,  we  add 


ON  THE  AFFAIRS  OF  AMERICA.  23 

to  the  credit  of  our  moderation,  which,  in  itself,  is  always 
strength  more  or  less. 

I  know  many  have  been  taught  to  think,  that  modera 
tion,  in  a  case  like  this,  is  a  sort  of  treason;  and  that  all 
arguments  for  it  are  sufficiently  answered  by  railing  at  5 
rebels  and  rebellion,  and  by  charging  all  the  present  or 
future  miseries,  which  we  may  suffer,  on  the  resistance 
of  our  brethren.    But  I  would  wish  them,  in  this  grave 
matter,  and  if  peace  is  not  wholly  removed  from  their 
hearts,  to  consider  seriously,  first,  that  to  criminate  and  10 
recriminate  never  yet  was  the  road  to  reconciliation,  in 
any  difference  amongst  men.    In  the  next  place,  it  would 
be  right  to  reflect,  that  the  American  English  (whom  they 
may  abuse,  if  they  think  it  honourable  to  revile  the  ab 
sent)  can,  as  things  now  stand,  neither  be  provoked  at  our  15 
railing,  nor  bettered  by  our  instruction.    All  communica 
tion  is  cut  off  between  us,  but  this  we  know  with  cer 
tainty,  that,  though  we  cannot  reclaim  them,  we  may 
reform  ourselves.     If  measures  of  peace  are  necessary, 
they  must  begin  somewhere;  and  a  conciliatory  temper  2<? 
must  precede  and  prepare  every  plan  of  reconciliation. 
Nor  do  I  conceive  that  we  suffer  anything  by  thus  regulat 
ing  our  own  minds.    We  are  not  disarmed  by  being  disen 
cumbered  of  our  passions.    Declaiming  011  rebellion  never 
added  a  bayonet,  or  a  charge  of  powder,  to  your  military  25 
force ;  but  I  am  afraid  that  it  has  been  the  means  of  tak 
ing  up  many  muskets  against  you. 

This  outrageous  language,  which  has  been  encouraged 
and  kept  alive  by  every  art,  has  already  done  incredible 
mischief.    For  a  long  time,  even  amidst  the  desolations  of  30 
war,  and  the  insults  of  hostile  laws  daily  accumulated  on 


24  LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

one  another,  the  American  leaders  seem  to  have  had  the 
greatest  difficulty  in  bringing  up  their  people  to  a  declara 
tion  of  total  independence.  But  the  court  gazette  accom 
plished  what  the  abettors  of  independence  had  attempted 
5  in  vain.  When  that  disingenuous  compilation,  and 
strange  medley  of  railing  and  flattery,  was  adduced,  as  a 
proof  of  the  united  sentiments  of  the  people  of  Great 
Britain,  there  was  a  great  change  throughout  all  America. 
The  tide  of  popular  affection,  which  had  still  set  towards 

10  the  parent  country,  began  immediately  to  turn,  and  to 
flow  with  great  rapidity  in  a  contrary  course.  Far  from 
concealing  these  wild  declarations  of  enmity,  the  author 
of  the  celebrated  pamphlet,  which  prepared  the  minds  of 
the  people  for  independence,  insists  largely  on  the  multi- 

15  tude  and  the  spirit  of  these  addresses;  and  he  draws  an 
argument  from  them,  which  (if  the  fact  were  as  he  sup 
poses)  must  be  irresistible.  For  I  never  knew  a  writer  on 
the  theory  of  government  so  partial  to  authority  as  not  to 
allow,  that  the  hostile  mind  of  the  rulers  to  their  people 

20  did  fully  justify  a  change  of  government;  nor  can  any 
reason  whatever  be  given,  why  one  people  should  volun 
tarily  yield  any  degree  of  pre-eminence  to  another,  but 
on  a  supposition  of  great  affection  and  benevolence  to 
wards  them.  Unfortunately  your  rulers,  trusting  to  other 

25  things,  took  no  notice  of  this  great  principle  of  connexion. 
From  the  beginning  of  this  affair,  they  have  done  all  they 
could  to   alienate  your  minds  from  your  own  kindred; 
and  if  they  could  excite  hatred  enough  in  one  of  the 
parties  towards  the  other,  they  seemed  to  be  of  opinion 

30  that  they  had  gone  half  the  way  towards  reconciling  the 
quarrel. 


ON  THE  AFFAIRS  OF  AMERICA.  25 

I  know  it  is  said,  that  your  kindness  is  only  alienated  on 
account  of  their  resistance;  and  therefore  if  the  colonies 
surrender  at  discretion,  all  sort  of  regard,  and  even  much 
indulgence,  is  meant  towards  them  in  future.  But  can 
those  who  are  partisans  for  continuing  a  war  to  enforce  5 
such  a  surrender  be  responsible  (after  all  that  has  passed) 
for  such  a  future  use  of  a  power,  that  is  bound  by  no  com 
pacts,  and  restrained  by  no  terror  ?  Will  they  tell  us  what 
they  call  indulgences?  Do  they  not  at  this  instant  call 
the  present  war  and  all  its  horrors,  a  lenient  and  merciful  10 
proceeding  ? 

No  conqueror,  that  I  ever  heard  of,  has  professed  to 
make  a  cruel,  harsh,  and  insolent  use  of  his  conquest. 
No!    The  man  of  the  most  declared  pride,  scarcely  dares 
to  trust  his  own  heart  with  this  dreadful  secret  of  am-  15 
bition.    But  it  will  appear  in  its  time;  and  no  man,  who 
professes  to  reduce  another  to  the  insolent  mercy  of  a 
foreign  arm,  ever  had  any  sort  of  good-will  towards  him. 
The  profession  of  kindness,  with  that  sword  in  his  hand, 
and  that  demand  of  surrender,  is  one  of  the  most  provok-  20 
ing  acts  of  his  hostility.    I  shall  be  told,  that  all  this  is 
lenient  as  against  rebellious  adversaries.     But  are  the 
leaders  of  their  faction  more  lenient  to  those  who  sub 
mit?    Lord  Howe  and  General  Howe  have  powers,  under 
an  act  of  parliament,  to  restore  to  the  king's  peace  and  25 
to  free  trade  any  men,  or  district,  which  shall  submit. 
Is  this  done?    We  have  been  over  and  over  informed  by 
the  authorised  gazette,  that  the  city  of  New  York,  and 
the  countries  of  Staten  and  Long  Island  have  submitted 
voluntarily  and  cheerfully,  and  that  many  are  very  full  30 
of  zeal  to  the  cause  of  administration.    Were  they  instant- 


26         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

ly  restored  to  trade  ?  Are  they  yet  restored  to  it  ?  Is  not 
the  benignity  of  two  commissioners,  naturally  most  hu 
mane  and  generous  men,  some  way  fettered  by  instructions, 
equally  against  their  dispositions  and  the  spirit  of  par- 
5  liamentary  faith;  when  Mr.  Tryon,  vaunting  of  the  fidel 
ity  of  the  city  in  which  he  is  governor,  is  obliged  to  apply 
to  ministry  for  leave  to  protect  the  king's  loyal  subjects, 
and  to  grant  to  them  (not  the  disputed  rights  and  privi 
leges  of  freedom)  but  the  common  rights  of  men,  by  the 

10  name  of  graces?  Why  do  not  the  commissioners  restore 
them  on  the  spot?  Were  they  not  named  as  commissioners 
for  that  express  purpose?  But  we  see  well  enough  to 
what  the  whole  leads.  The  trade  of  America  is  to  be 
dealt  out  in  private  indulgences  and  graces;  that  is,  in 

15  jobs  to  recompense  the  incendiaries  of  war.  They  will  be 
informed  of  the  proper  time  in  which  to  send  out  their 
merchandise.  From  a  national,  the  American  trade  is 
to  be  turned  into  a  personal  monopoly:  and  one  set  of 
merchants  are  to  be  rewarded  for  the  pretended  zeal,  of 

20  which  another  set  are  the  dupes;  and  thus,  between  craft 
and  credulity,  the  voice  of  reason  is  stifled;  and  all  the 
misconduct,  all  the  calamities  of  the  war  are  covered 
and  continued. 

If  I  had  not  lived  long  enough  to  be  little  surprised  at 

25  anything,  I  should  have  been  in  some  degree  astonished 
at  the  continued  rage  of  several  gentlemen,  who,  not  sat 
isfied  with  carrying  fire  and  sword  into  America,  are  ani 
mated  nearly  with  the  same  fury  against  those  neigh 
bours  of  theirs,  whose  only  crime  it  is,  that  they  have 

30  charitably  and  humanely  wished  them  to  entertain  more 
reasonable  sentiments,  and  not  always  to  sacrifice  their  in- 


ON  THE  AFFAIRS  OF  AMERICA.  27 

tcrest  to  their  passion.  All  this  rage  against  unresisting 
dissent  convinces  me,  that,  at  bottom,  they  are  far  from 
satisfied  they  are  in  the  right.  For  what  is  it  they  would 
have?  A  war?  They  certainly  have  at  this  moment  the 
blessing  of  something  that  is  very  like  one;  and  if  the  5 
war  they  enjoy  at  present  be  not  sufficiently  hot  and  ex 
tensive,  they  may  shortly  have  it  as  warm  and  as  spread 
ing  as  their  hearts  can  desire.  Is  it  the  force  of  the  king 
dom  they  call  for?  They  have  it  already;  and  if  they 
choose  to  fight  their  battles  in  their  own  person,  nobody  10 
prevents  their  setting  sail  to  America  in  the  next  trans 
ports.  Do  they  think,  that  the  service  is  stinted  for  want 
of  liberal  supplies  ?  Indeed  they  complain  without  reason. 
The  table  of  the  House  of  Commons  will  glut  them,  let 
their  appetite  for  expense  be  never  so  keen.  And  I  assure  15 
them  further,  that  those  who  think  with  them  in  the  House 
of  Commons  are  full  as  easy  in  the  control,  as  they  are  lib 
eral  in  the  vote,  of  these  expenses.  If  this  be  not  supply 
or  confidence  sufficient,  let  them  open  their  own  private 
purse  strings,  and  give,  from  what  is  left  to  them,  as  20 
largely  and  with  as  little  care  as  they  think  proper. 

Tolerated  in  their  passions,  let  them  learn  not  to  perse 
cute  the  moderation  of  their  fellow-citizens.     If  all  the 
world  joined  them  in  a  full  cry  against  rebellion,  and  were 
as  hotly  inflamed  against  the  whole  theory  and  enjoyment  25 
of  freedom,  as  those  who  are  the  most  factious  for  servi 
tude,  it  could  not  in  my  opinion  answer  any  one  end  what 
soever  in  this  contest.    The  leaders  of  this  war  could  not 
hire  (to  gratify  their  friends)  one  German  more  than  they 
do;  or  inspire  him  with  less  feeling  for  the  persons,  or  30 
less  yalue  for  the  privileges,  of  their  revolted  brethren. 


28         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

If  we  all  adopted  their  sentiments  to  a  man,  their  allies, 
the  savage  Indians,  could  not  be  more  ferocious  than  they 
are:  they  could  not  murder  one  more  helpless  woman  or 
child,  or  with  more  exquisite  refinements  of  cruelty  tor- 
5  ment  to  death  one  more  of  their  English  flesh  and  blood, 
than  they  do  already.  The  public  money  is  given  to  pur 
chase  this  alliance; —  and  they  have  their  bargain. 

They  are  continually  boasting  of  unanimity;  or  calling 
for  it.    But  before  this  unanimity  can  be  matter  either 

10  of  wish  or  congratulation,  we  ought  to  be  pretty  sure,  that 
we  are  engaged  in  a  rational  pursuit.  Phrensy  does  not 
become  a  slighter  distemper  on  account  of  the  number 
of  those  who  may  be  infected  with  it.  Delusion  and  weak 
ness  produce  not  one  mischief  the  less,  because  they  are 

15  universal.  I  declare,  that  I  cannot  discern  the  least  advan 
tage  which  could  accrue  to  us,  if  we  were  able  to  persuade 
our  colonies  that  they  had  not  a  single  friend  in  Great 
Britain.  On  the  contrary,  if  the  affections  and  opinions 
of  mankind  be  not  exploded  as  principles  of  connexion, 

20  I  conceive  it  would  be  happy  for  us,  if  they  were  taught 
to  believe,  that  there  was  even  a  formed  American  party 
in  England,  to  whom  they  could  always  look  for  support ! 
Happy  would  it  be  for  us,  if,  in  all  tempers,  they  might 
turn  their  eyes  to  the  parent  state ;  so  that  their  very  tur- 

25  bulence  and  sedition  should  find  vent  in  no  other  place 
than  this.  I  believe  there  is  not  a  man  (except  those  who 
prefer  the  interest  of  some  paltry  faction  to  the  very  being 
of  their  country)  who  would  not  wish  that  the  Americans 
should  from  time  to  time  carry  many  points,  and  even 

30  some  of  them  not  quite  reasonable,  by  the  aid  of  any  de 
nomination  of  men  here,  rather  than  they  should  be  driven 


ON  THE  AFFAIRS  OF  AMERICA.  29 

to  seek  for  protection  against  the  fury  of  foreign  mercen 
aries,  and  the  waste  of  savages,  in  the  arms  of  France. 

When  any  community  is  subordinately  connected  with 
another,  the  great  danger  of  the  connexion  is  the  extreme 
pride  and  self-complacency  of  the  superior,  which  in  all  5 
matters  of  controversy  will  probably  decide  in  its  own 
favour.  It  is  a  powerful  corrective  to  such  a  very  rational 
cause  of  fear,  if  the  inferior  body  can  be  made  to  believe, 
that  the  party  inclination,  or  political  views,  of  several 
in  the  principal  state,  will  induce  them  in  some  degree  10 
to  counteract  this  blind  and  tyrannical  partiality.  There 
is  no  danger  that  any  one  acquiring  consideration  or  power 
in  the  presiding  state  should  carry  this  leaning  to  the 
inferior  too  far.  The  fault  of  human  nature  is  not  of  that 
sort.  Power  in  whatever  hands  is  rarely  guilty  of  too  15 
strict  limitations  on  itself.  But  one  great  advantage  to 
the  support  of  authority  attends  such  an  amicable  and 
protecting  connexion,  that  those  who  have  conferred  fa 
vours  obtain  influence;  and  from  the  foresight  of  future 
events  can  persuade  men,  who  have  received  obligations,  20 
sometimes  to  return  them.  Thus  by  the  mediation  of  those 
healing  principles,  (call  them  good  or  evil)  troublesome 
discussions  are  brought  to  some  sort  of  adjustment;  and 
every  hot  controversy  is  not  a  civil  war. 

But,  if  the  colonies  (to  bring  the  general  matter  home  25 
to  us)  could  see,  that,  in  Great  Britain,  the  mass  of  the 
people  is  melted  into  its  government,  and  that  every  dis 
pute  with  the  ministry  must  of  necessity  be  always  a 
quarrel  with  the  nation;  they  can  stand  no  longer  in  the 
equal  and  friendly  relation  of  fellow-citizens  to  the  sub-  30 
jects  of  this  kingdom.    Humble  as  this  relation  may  ap- 


30          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

pear  to  some,  when  it  is  once  broken,  a  strong  tie  is  dis 
solved.  Other  sort  of  connexions  will  be  sought.  For, 
there  are  very  few  in  the  world,  who  will  not  prefer  an 
useful  ally  to  an  insolent  master. 

5  Such  discord  has  been  the  effect  of  the  unanimity  into 
which  so  many  have  of  late  been  seduced  or  bullied,  or 
into  the  appearance  of  which  they  have  sunk  through 
mere  despair.  They  have  been  told  that  their  dissent 
from  violent  measures  is  an  encouragement  to  rebellion. 

10  Men  of  great  presumption  and  little  knowledge  will  hold 
a  language  which  is  contradicted  by  the  whole  course  of 
history.  General  rebellions  and  revolts  of  a  whole  people 
never  were  encouraged,  now  or  at  any  time.  They  are 
always  provoked.  But  if  this  unheard-of  doctrine  of  the 

15  encouragement  of  rebellion  were  true,  if  it  were  true 
that  an  assurance  of  the  friendship  of  numbers  in  this 
country  towards  the  colonies  could  become  an  encourage 
ment  to  them  to  break  off  all  connexion  with  it,  what  is 
the  inference?  Does  anybody  seriously  maintain,  that, 

20  charged  with  my  share  of  the  public  councils,  I  am  obliged 
not  to  resist  projects  which  I  think  mischievous,  lest  men 
who  suffer  should  be  encouraged  to  resist  ?  The  very  tend 
ency  of  such  projects  to  produce  rebellion  is  one  of  the 
chief  reasons  against  them.  Shall  that  reason  not  be 

25  given  ?  Is  it  then  a  rule,  that  no  man  in  this  nation  shall 
open  his  mouth  in  favour  of  the  colonies,  shall  defend 
their  rights,  or  complain  of  their  sufferings?  Or  when 
war  finally  breaks  out,  no  man  shall  express  his  desires  of 
peace?  Has  this  been  the  law  of  our  past,  or  is  it  to  be 

30  the  terms  of  our  future  connexion?  Even  looking  no 
further  than  ourselves,  can  it  be  true  loyalty  to  any  gov- 


OAT  THE  AFFAIRS  OF  AMERICA.  31 

ernment,  or  true  patriotism  towards  any  country,  to  de 
grade  their  solemn  councils  into  servile  drawing-rooms, 
to  flatter  their  pride  and  passions,  rather  than  to  enlighten 
their  reason,  and  to  prevent  them  from  being  cautioned 
against  violence  lest  others  should  be  encouraged  to  re-  5 
sistance?  By  such  acquiescence  great  kings  and  mighty 
nations  have  been  undone ;  and  if  any  are  at  this  day  in  a 
perilous  situation  from  rejecting  truth,  and  listening  to 
flattery,  it  would  rather  become  them  to  reform  the  errors 
under  which  they  suffer,  than  to  reproach  those  who  fore-  10 
warned  them  of  their  danger. 

But  the  rebels  looked  for  assistance  from  this  country. 
They  did  so,  in  the  beginning  of  this  controversy,  most 
certainly;  and  they  sought  it  by  earnest  supplications  to 
government,  which  dignity  rejected,  and  by  a  suspension  15 
of  commerce,  which  the  wealth  of  this  nation  enabled  you 
to  despise.  When  they  found  that  neither  prayers  nor 
menaces  had  any  sort  of  weight,  but  that  a  firm  resolution 
was  taken  to  reduce  them  to  unconditional  obedience  by  a 
military  force,  they  came  to  the  last  extremity.  Despair-  20 
ing  of  us,  they  trusted  in  themselves.  Not  strong  enough 
themselves,  they  sought  succour  in  France.  In  proportion 
as  all  encouragement  here  lessened,  their  distance  from 
this  country  increased.  The  encouragement  is  over;  the 
alienation  is  complete.  25 

In  order  to  produce  this  favourite  unanimity  in  delu 
sion,  and  to  prevent  all  possibility  of  a  return  to  our  an 
cient  happy  concord,  arguments  for  our  continuance  in 
this  course  are  drawn  from  the  wretched  situation  itself 
into  which  we  have  been  betrayed.  It  is  said,  that  being  30 
at  war  with  the  colonies,  whatever  our  sentiments  might 


32          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

have  been  before,  all  ties  between  us  are  now  dissolved; 
and  all  the  policy  we  have  left  is  to  strengthen  the  hands 
of  government  to  reduce  them.  On  the  principle  of  this 
argument,  the  more  mischiefs  we  suffer  from  any  admin- 
y  istration,  the  more  our  trust  in  it  is  to  be  confirmed. 
Let  them  but  once  get  us  into  a  war,  and  then  their  power 
is  safe,  and  an  act  of  oblivion  is  passed  for  all  their  mis 
conduct. 

But  is  it  really  true,  that  government  is  always  to  be 

IP/  strengthened  with  the  instruments  of  war,  but  never  fur- 
Ynished  with  the  means  of  peace?    In  former  times,  minis 
ters,  I  allow,  have  been  sometimes  driven  by  the  popular 
voice  to  assert  by  arms  the  national  honour  against  for 
eign  powers.    But  the  wisdom  of  the  nation  has  been  far 

15  more  clear,  when  those  ministers  have  been  compelled  to 
consult  its  interests  by  treaty.  We  all  know  that  the  sense 
of  the  nation  obliged  the  court  of  King  Charles  the  Sec 
ond  to  abandon  the  Dutch  war;  a  war  next  to  the  present 
the  most  impolitic  which  we  ever  carried  on.  The  good 

20  people  of  England  considered  Holland  as  a  sort  of  depend 
ency  on  this  kingdom;  they  dreaded  to  drive  it  to  the 
protection,  or  subject  it  to  the  power  of  France,  by  their 
own  inconsiderate  hostility.  They  paid  but  little  respect 
to  the  court  jargon  of  that  day;  nor  were  they  inflamed 

25  by  the  pretended  rivalship  of  the  Dutch  in  trade ;  by  their 
massacre  at  Amboyna,  acted  on  the  stage  to  provoke  the 
public  vengeance ;  nor  by  declamations  against  the  ingrati 
tude  of  the  United  Provinces  for  the  benefits  England  had 
conferred  upon  them  in  their  infant  state.  They  were  not 

30  moved  from  their  evident  interest  by  all  these  arts;  nor 
was  it  enough  to  tell  them,  they  were  at  war;  that  they 


ON  THE  AFFAIRS  OF  AMERICA.  33 

must  go  through  with  it;  and  that  the  cause  of  the  dis 
pute  was  lost  in  the  consequences.  The  people  of  England 
were  then,  as  they  are  now,  called  upon  to  make  govern 
ment  strong.  They  thought  it  a  great  deal  better  to  make 
it  wise  and  honest.  5 

When  I  was  amongst  my  constituents  at  the  last  sum 
mer  assizes,  I  remember  that  men  of  all  descriptions  did 
then  express  a  very  strong  desire  for  peace,  and  no  slight 
hopes  of  attaining  it  from  the  commission  sent  out  by  my 
Lord  Howe.  And  it  is  not  a  little  remarkable,  that,  in  pro-  10 
portion  as  every  person  showed  a  zeal  for  the  court  meas 
ures,  he  was  then  earnest  in  circulating  an  opinion  of  the 
extent  of  the  supposed  powers  of  that  commission.  When 
I  told  them  that  Lord  Howe  had  no  powers  to  treat,  or  to 
promise  satisfaction  on  any  point  whatsoever  of  the  con-  15 
troversy,  I  was  hardly  credited ;  so  strong  and  general  was 
the  desire  of  terminating  this  war  by  the  method  of  ac 
commodation.  As  far  as  I  could  discover,  this  was  the 
temper  then  prevalent  through  the  kingdom.  The  king's 
forces,  it  must  be  observed,  had  at  that  time  been  obliged  20 
to  evacuate  Boston.  The  superiority  of  the  former  cam 
paign  rested  wholly  with  the  colonists.  If  such  powers 
of  treaty  were  to  be  wished,  whilst  success  was  very  doubt 
ful,  how  came  they  to  be  less  so,  since  his  Majesty's  arms 
have  been  crowned  with  many  considerable  advantages?  25 
Have  these  successes  induced  us  to  alter  our  mind;  as 
thinking  the  season  of  victory  not  the  time  for  treating 
with  honour  or  advantage?  Whatever  changes  have  hap 
pened  in  the  national  character,  it  can  scarcely  be  our 
wish,  that  terms  of  accommodation  never  should  be  pro-  30 
posed  to  our  enemy,  except  when  they  must  be  attributed 


34         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

solely  to  our  fears.  It  has  happened,  let  me  say  unfor 
tunately,  that  we  read  of  his  Majesty's  commission  for 
making  peace,  and  his  troops  evacuating  his  last  town 
in  the  thirteen  colonies,  at  the  same  hour  and  in  the  same 
5  gazette.  It  was  still  more  unfortunate,  that  no  commis 
sion  went  to  America  to  settle  the  troubles  there,  until 
several  months  after  an  act  had  been  passed  to  put  the 
colonies  out  of  the  protection  of  this  government,  and  to 
divide  their  trading  property,  without  a  possibility  of 

10  restitution,  as  spoil  among  the  seamen  of  the  navy.  The 
most  abject  submission  on  the  part  of  the  colonies  could 
not  redeem  them.  There  was  no  man  on  that  whole  con 
tinent,  or  within  three  thousand  miles  of  it,  qualified  by 
law  to  follow  allegiance  with  protection,  or  submission 

15  with  pardon.  A  proceeding  of  this  kind  has  no  example 
in  history.  Independency,  and  independency  with  an  en 
mity  (which  putting  ourselves  out  of  the  question  would 
be  called  natural  and  much  provoked)  was  the  inevitable 
consequence.  How  this  came  to  pass,  the  nation  may  be 

20  one  day  in  an  humour  to  inquire. 

All  the  attempts  made  this  session  to  give  fuller  powers 
of  peace  to  the  commanders  in  America,  were  stifled  by 
the  fatal  confidence  of  victory,  and  the  wild  hopes  of  un 
conditional  submission.  There  was  a  moment  favourable 

25  to  the  king's  arms,  when  if  any  powers  of  concession  had 
existed,  on  the  other  side  of  the  Atlantic,  even  after  all 
our  errors,  peace  in  all  probability  might  have  been  re 
stored.  But  calamity  is  unhappily  the  usual  season  of 
reflection;  and  the  pride  of  men  will  not  often  suffer 

30  reason  to  have  any  scope  until  it  can  be  no  longer  of 
service. 


ON  THE  AFFAIRS  OF  AMERICA. 

I  have  always  wished,  that  as  the  dispute  had  its  ap 
parent  origin  from  things  done  in  parliament,  and  as  the 
acts  passed  there  had  provoked  the  war,  that  the  founda 
tions  of  peace  should  be  laid  in  parliament  also.    I  have 
been  astonished  to  find,  that  those,  whose  zeal  for  the    5 
dignity  of  our  body  was  so  hot  as  to  light  up  the  flames 
of   civil   war,    should   even   publicly   declare,   that   these 
delicate  points   ought  to   be   wholly  left  to   the   crown.       I 
Poorly  as  I  may  be  thought  affected  to  the  authority  of     / 
parliament,  I  shall  never  admit  that  our  constitutional  \o/ 
rights  can  ever  become  a  matter  of  ministerial  negotia-  «/ 
tion. 

I  am  charged  with  being  an  American.    If  warm  affec 
tion   towards   those   over   whom   I   claim   any   share   of 
authority  be  a  crime,  I  am  guilty  of  this  charge.    But  I  15 
do    assure  you    (and  they   who   know  me  publicly   and 
privately    will   bear    witness    to   me)    that    if    ever    one 
man  lived  more  zealous  than  another  for  the  supremacy 
of  parliament,  and  the  rights  of  this  imperial  crown,  it 
was  myself.    Many  others  indeed  might  be  more  knowing  20 
in  the  extent  of  the  foundation  of  these  rights.    I  do  not 
pretend  to  be  an  antiquary,  a  lawyer,  or  qualified  for  the 
chair  of  professor  in  metaphysics.     I  never  ventured  to 
put  your  solid  interests  upon  speculative  grounds.     My 
having  constantly  declined  to  do  so  has  been  attributed  25 
to  my  incapacity  for  such  disquisitions;  and  I  am  in 
clined  to  believe  it  is  partly  the  cause.    I  never  shall  be 
ashamed  to  confess,  that  where  I  am  ignorant  I  am  diffi 
dent.    I  am  indeed  not  very  solicitous  to  clear  myself  of 
this   imputed   incapacity;    because   men,    even   less   con-  30 
versant  than  I  am,  in  this  kind  of  subtleties,  and  placed 


36         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

in  stations,  to  which  I  ought  not  to  aspire,  have,  by  the 
mere  force  of  civil  discretion,  often  conducted  the  affairs 
of  great  nations  with  distinguished  felicity  and  glory. 

When  I  first  came  into  a  public  trust;  I  found  your 
5  parliament  in  possession  of  an  unlimited  legislative  power 
over  the  colonies.    I   could  not  open  the  statute  book 
without  seeing  the  actual  exercise  of  it,  more  or  less,  in 
all  cases  whatsoever.    This  possession  passed  with  me  for 
a  title.    It  does  so  in  all  human  affairs.    No  man  examines 
10  into  the  defects  of  his  title  to  his  paternal  estate,  or  to 
his  established  government.    Indeed  common  sense  taught 
me,   that   a   legislative    authority,   not   actually   limited 
by  the  express  terms  of  its  foundation,  or  by  its  own 
subsequent   acts,   cannot  have  its  powers  parcelled   out 
15  by  argumentative  distinctions,  so  as  to  enable  us  to  say, 
that  here  they  can,  and  there  they  cannot  bind.     Nobody 
was  so  obliging  as  to  produce  to  me  any  record  of  such 
A/  distinctions,  by  compact  or  otherwise,  either  at  the  suc- 
cessive  formation  of  the  several  colonies,  or  during  the 
existence  of  any  of  them.     If  any  gentlemen  were  able 
^          to  see  how   one  power  could  be  given  up,    (merely  on 
1    Y '     abstract  reasoning)    without   giving  up  the  rest,  I   can 
J1          only  say,  that  they  saw  further  than  I  could;  nor  did  I 
ever  presume  to  condemn  any  one  for  being  clear-sighted, 
'      25  when  I  was  blind.  I  praise  their  penetration  and  learning ; 
and  hope  that  their  practice  has  been  correspondent  to 
their  theory. 

N*        I  had  indeed  very  earnest  wishes  to  keep  the  whole  body 

>    of  this  authority  perfect  and  entire  as  I  found  it :  and  to 

>$o  keep  it  so,  not  for  our  advantage  solely;  but  principally 

V     for  the  sake  of  those,  on  whose  account  all  just  authority 


ON  THE  AFFAIRS  OF  AMERICA.  37 

exists;  I  mean  the  people  to  be  governed.    For  I  thought 
I  saw,  that  many  cases  might  well  happen,  in  which  the 
exercise  of  every  power   comprehended   in   the  broadest 
idea  of  legislature,  might  become,  in  its  time  and  circum 
stances,  not  a  little  expedient  for  the  peace  and  union    5 
of  the  colonies  amongst  themselves,  as  well  as  for  their 
perfect  harmony  with  Great  Britain.     Thinking  so,  (per 
haps  erroneously)    but  being  honestly  of   that   opinion, 
I  was  at  the  same  time  very  sure,  that  the  authority,  of 
which  I  was  so  jealous,  could  not  under  the  actual  cir-  10 
cumstances  of  our  plantations  be  at  all  preserved  in  any 
of  its  members,  but  by  the  greatest  reserve  in  its  applica 
tion;  particularly  in  those  delicate  points,  in  which  the 
feelings  of  mankind  are  the  most  irritable.     They  who 
thought  otherwise,  have  found  a  few  more  difficulties  in  15 
their  work  than  (I  hope)  they  were  thoroughly  aware  of, 
when  they  undertook  the  present  business.     I  must 
leave  to  observe,  that  it  is  not  only  the  invidious 
of  taxation  that  will  be  resisted,  but  that  no  other  given 
part  of  legislative  rights  can  be  exercised,  without  regard  ray 
to  the  general  opinion  of  those  who  are  to  be  governed.^ 
That  general  opinion  is  the  vehicle,  and  organ  of  legisla*' 
tive  omnipotence.     Without  this,  it  may  be  a  theory  to^ 
entertain  the  mind,  but  it  is  nothing  in  the  direction  of-/ 
affairs.     The  completeness  of  the  legislative  authority  of  25 
parliament  over  this  kingdom  is  not  questioned;  and  yet 
many  things  indubitably  included  in  the  abstract  idea  of 
that   power,   and   which   carry  no    absolute   injustice   in 
themselves,  yet  being  contrary  to  the  opinions  and  feel 
ings  of  the  people,  can  as  little  be  exercised,  as  if  parlia-  30 
ment  in  that  case  had  been  possessed  of  no  right  at  all. 


38          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

^ 

I  see  no  abstract  reason,  which  can  be  given,  why  the 
same  power,  which  made  and  repealed  the  High  Commis 
sion  Court  and  the  Star  Chamber,  might  not  revive  them 
again;   and  these  courts,  warned  by  their  former  fate, 
5  might  possibly  exercise  their  powers  with  some  degree 
\of  justice.    But  the  madness  would  be  as  unquestionable, 
as  the  competence  of  that  parliament,  which  should  at 
tempt  such  things.     If  anything  can  be  supposed  out  of 
the  power  of  human  legislature,  it  is  religion;  I  admit, 

10  however,  that  the  established  religion  of  this  country 
has  been  three  or  four  times  altered  by  act  of  parliament ; 
and  therefore  that  a  statute  binds  even  in  that  case.  But 
we  may  very  safely  affirm,  that,  notwithstanding  this  ap 
parent  omnipotence,  it  would  be  now  found  as  impossible 

15  for  king  and  parliament  to  alter  the  established  religion 
of  this  country,  as  it  was  to  King  James  alone,  when  he 
attempted  to  make  such  an  alteration  without  a  parlia- 
ment.    In  effect,  to  follow,  not  to  force  the  public  inclina- 
;  to  give  a  direction,  a  form,  a  technical  dress,  and 
specific  sanction,  to  the  general  sense  of  the  community, 
the  true  end  of  legislature. 
It  is  so  with  regard  to  the  exercise  of  all  the  powers, 
which  our  constitution  knows  in  any  of  its  parts,  and 
indeed  to  the  substantial  existence  of  any  of  the  parts 

25  themselves.  The  king's  negative  to  bills  is  one  of  the 
most  indisputed  of  the  royal  prerogatives;  and  it  extends 
to  all  cases  whatsoever.  I  am  far  from  certain,  that  if 
several  laws,  which  I  know,  had  fallen  under  the  stroke 
of  that  sceptre,  that  the  public  would  have  had  a  very 

30  heavy  loss.  But  it  is  not  the  propriety  of  the  exercise 
which  is  in  question.  The  exercise  itself  is  wisely  for- 


ON  THE  AFFAIRS  OF  AMERICA.  39 

borne.  Its  repose  may  be  the  preservation  of  its  exist 
ence;  and  its  existence  may  be  the  means  of  saving 
the  constitution  itself,  on  an  occasion  worthy  of  bringing 
it  forth.  As  the  disputants,  whose  accurate  and  logical 
reasonings  have  brought  us  into  our  present  condition,  5 
think  it  absurd,  that  powers  or  members  of  any  constitu 
tion  should  exist,  rarely  or  never  to  be  exercised,  I  hope 
I  shall  be  excused  in  mentioning  another  instance,  that  is 
material.  We  know,  that  the  Convocation  of  the  Clergy 
had  formerly  been  called,  and  sat  with  nearly  as  much  10 
regularity  to  business  as  parliament  itself.  It  is  now 
called  for  form  only.  It  sits  for  the  purpose  of  making 
some  polite  ecclesiastical  compliments  to  the  king;  and, 
when  that  grace  is  said,  retires  and  is  heard  of  no  more. 
It  is  however  a  part  of  the  constitution,  and  may  be  15 
called  out  into  act  and  energy,  whenever  there  is  occasion ; 
and  whenever  those,  who  conjure  up  that  spirit,  will 
choose  to  abide  the  consequences.  It  is  wise  to  permit 
its  legal  existence ;  it  is  much  wiser  to  continue  it  a  legal 
existence  only.  So  truly  has  prudence  (constituted  as  the  20 
god  of  this  lower  world)  the  entire  dominion  over  every 
exercise  of  power  committed  into  its  hands;  and  yet  I 
have  lived  to  see  prudence  and  conformity  to  circum 
stances  wholly  set  at  nought  in  our  late  controversies, 
and  treated  as  if  they  were  the  most  contemptible  and  25 
irrational  of  all  things.  I  have  heard  it  a  hundred  times 
very  gravely  alleged,  that  in  order  to  keep  power  in  wind, 
it  was  necessary,  by  preference,  to  exert  it  in  those  very 
points  in  which  it  was  most  likely  to  be  resisted,  and  the 
least  likely  to  be  productive  of  any  advantage.  30 

These  were  the  considerations,  gentlemen,  which  led  me 


40         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

early  to  think,  that,  in  the  comprehensive  dominion  which 
the  divine  Providence  had  put  into  our  hands,  instead  of 
troubling  our  understandings  with  speculations  concern 
ing  the  unity  of  empire,  and  the  identity  or  distinction 
5  of  legislative  powers,  and  inflaming  our  passions  with  the 
heat  and  pride  of  controversy,  it  was  our  duty,  in  all 
soberness,  to  conform  our  government  to  the  character  and 
circumstances  of  the  several  people  who  composed  this 
mighty  and  strangely  diversified  mass.  I  never  was  wild 

10  enough  to  conceive,  that  one  method  would  serve  for  the 
whole;  that  the  natives  of  Hindostan  and  those  of  Vir 
ginia  could  be  ordered  in  the  same  manner;  or  that  the 
Cutchery  court  and  the  grand  jury  of  Salem  could  be 
regulated  on  a  similar  plan.  I  was  persuaded  that  gov- 

15  ernment  was  a  practical  thing,  made  for  the  happiness  of 
mankind,  and  not  to  furnish  out  a  spectacle  of  uni 
formity,  to  gratify  the  schemes  of  visionary  politicians. 
Our  business  was  to  rule,  not  to  wrangle;  and  it  would 
have  been  a  poor  compensation  that  we  had  triumphed 

20  in  a  dispute,  whilst  we  lost  an  empire. 

If  there  be  one  fact  in  the  world  perfectly  clear,  it  is 
this :  "  That  the  disposition  of  the  people  of  America  is 
wholly  averse  to  any  other  than  a  free  government;"  and 
this  is  indication  enough  to  any  honest  statesman,  how 

25  he  ought  to  adapt  whatever  power  he  finds  in  his  hands  to 
their  case.  If  any  ask  me  what  a  free  government  is,  I 
answer,  that,  for  any  practical  purpose,  it  is  what  the 
people  think  so ;  and  that  they,  and  not  I,  are  the  natural, 
lawful,  and  competent  judges  of  this  matter.  If  they 

30  practically  allow  me  a  greater  degree  of  authority  over 
them  than  is  consistent  with  any  correct  ideas  of  perfect 


ON  THE  AFFAIRS  OF  AMERICA.  41 

freedom,  I  ought  to  thank  them  for  so  great  a  trust,  and 
not  to  endeavour  to  prove  from  thence,  that  they  have 
reasoned  amiss,  and  that  having  gone  so  far,  by  analogy, 
they  must  hereafter  have  no  enjoyment  but  by  my 
pleasure.  5 

If  we  had  seen  this  done  by  any  others,  we  should  have 
concluded  them  far  gone  in  madness.  It  is  melancholy 
as  well  as  ridiculous,  to  observe  the  kind  of  reasoning 
with  which  the  public  has  been  amused,  in  order  to  divert 
our  minds  from  the  common  sense  of  our  American  10 
policy.  There  are  people,  who  have  split  and  anatomised 
the  doctrine  of  free  government,  as  if  were  an  abstract 
question  concerning  metaphysical  liberty  and  necessity; 
and  not  a  matter  of  moral  prudence  and  natural  feeling. 
They  have  disputed,  whether  liberty  be  a  positive  or  a  15 
negative  idea;  whether  it  does  not  consist  in  being  gov 
erned  by  laws;  without  considering  what  are  the  laws, 
or  who  are  the  makers;  whether  man  has  any  rights  by 
nature;  and  whether  all  the  property  he  enjoys  be  not 
the  alms  of  his  government,  and  his  life  itself  their  favour  20 
and  indulgence.  Others  corrupting  religion,  as  these 
have  perverted  philosophy,  contend,  that  Christians  are 
redeemed  into  captivity;  and  the  blood  of  the  Saviour  of 
mankind  has  been  shed  to  make  them  the  slaves  of  a  few 
proud  and  insolent  sinners.  These  shocking  extremes  pro-  25 
voking  to  extremes  of  another  kind,  speculations  are  let 
loose  as  destructive  to  all  authority,  as  the  former  are  to 
all  freedom;  and  every  government  is  called  tyranny  and 
usurpation  which  is  not  formed  on  their  fancies.  In  this 
manner  the  stirrers-up  of  this  contention,  not  satisfied  30 
with  distracting  our  dependencies  and  filling  them  with 


42          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

blood  and  slaughter,  are  corrupting  our  understandings: 
they  are  endeavouring  to  tear  up,  along  with  practical 
liberty,  all  the  foundations  of  human  society,  all  equity 
and  justice,  religion  and  order. 

5  Civil  freedom,  gentlemen,  is  not,  as  many  have  endeav 
oured  to  persuade  you,  a  thing  that  lies  hid  in  the  depth 
of  abstruse  science.  It  is  a  blessing  and  a  benefit,  not  an 
abstract  speculation;  and  all  the  just  reasoning  that  can 
be  upon  it  is  of  so  coarse  a  texture,  as  perfectly  to  suit  the 

10  ordinary  capacities  of  those  who  are  to  enjoy,  and  of  those 
who  are  to  defend  it.  Far  from  any  resemblance  to  those 
propositions  in  geometry  and  metaphysics,  which  admit 
no  medium,  but  must  be  true  or  false  in  all  their  latitude ; 
social  and  civil  freedom,  like  all  other  things  in  common 

15  life,  are  variously  mixed  and  modified,  enjoyed  in  very 
different  degrees,  and  shaped  into  an  infinite  diversity  of 
forms,  according  to  the  temper  and  circumstances  of  every 
community.  The  extreme  of  liberty  (which  is  its  abstract 
perfection,  but  its  real  fault)  obtains  nowhere,  nor  ought 

20  to  obtain  anywhere.  Because  extremes,  as  we  all  know, 
in  every  point  which  relates  either  to  our  duties  or  satis 
factions  in  life,  are  destructive  both  to  virtue  and  enjoy 
ment.  Liberty  too  must  be  limited  in  order  to  be  pos 
sessed.  The  degree  of  restraint  it  is  impossible  in  any 

25  case  to  settle  precisely.  But  it  ought  to  be  the  constant 
aim  of  every  wise  public  council,  to  find  out  by  cautious 
experiments,  and  rational,  cool  endeavours,  with  how 
little,  not  how  much  of  this  restraint,  the  community  can 
subsist.  For  liberty  is  a  good  to  be  improved,  and  not  an 

30  evil  to  be  lessened.  It  is  not  only  a  private  blessing  of 
the  first  order,  but  the  vital  spring  and  energy  of  the  state 


ON  THE  AFFAIRS  OF  AMERICA.  43 

itself,  which  has  just  so  much  life  and  vigour  as  there  is 
liberty  in  it.  But  whether  liberty  be  advantageous  or 
not,  (for  I  know  it  is  a  fashion  to  decry  the  very  prin 
ciple)  none  will  dispute  that  peace  is  a  blessing;  and 
peace  must  in  the  course  of  human  affairs  be  frequently  5 
bought  by  some  indulgence  and  toleration  at  least  to 
liberty.  For  as  the  Sabbath  (though  of  divine  institu 
tion)  was  made  for  man,  not  man  for  the  Sabbath,  gov 
ernment,  which  can  claim  no  higher  origin  or  authority, 
in  its  exercise  at  least,  ought  to  conform  to  the  exigencies  10 
of  the  time,  and  the  temper  and  character  of  the  people, 
with  whom  it  is  concerned;  and  not  always  to  attempt 
violently  to  bend  the  people  to  their  theories  of  subjec 
tion.  The  bulk  of  mankind  on  their  part  are  not  exces 
sively  curious  concerning  any  theories,  whilst  they  are  15 
really  happy;  and  one  sure  symptom  of  an  ill-conducted 
state  is  the  propensity  of  the  people  to  resort  to  them. 

But  when  subjects,  by  a  long  course  of  such  ill  conduct, 
are  once  thoroughly  inflamed,  and  the  state  itself  vio 
lently  distempered,  the  people  must  have  some  satisfaction  20 
to  their  feelings  more  solid  than  a  sophistical  speculation 
on  law  and  government.  Such  was  our  situation;  and 
such  a  satisfaction  was  necessary  to  prevent  recourse  to 
arms;  it  was  necessary  towards  laying  them  down;  it 
will  be  necessary  to  prevent  the  taking  them  up  again  25 
and  again.  Of  what  nature  this  satisfaction  ought  to 
be,  I  wish  it  had  been  the  disposition  of  parliament 
seriously  to  consider.  It  was  certainly  a  deliberation 
that  called  for  the  exertion  of  all  their  wisdom. 

I  am,  and  ever  have  been,  deeply  sensible  of  the  diffi-  3° 
culty  of  reconciling  the  strong  presiding  power,  that  is  so 


44         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

useful  towards  the  conservation  of  a  vast,  disconnected, 
infinitely  diversified  empire,  with  that  liberty  and  safety 
of  the  provinces,  which  they  must  enjoy,  (in  opinion  and 
practice  at  least)  or  they  will  not  be  provinces  at  all.  I 
5  know,  and  have  long  felt,  the  difficulty  of  reconciling  the 
unwieldy  haughtiness  of  a  great  ruling  nation,  habitu 
ated  to  command,  pampered  by  enormous  wealth,  and 
confident  from  a  long  course  of  prosperity  and  victory,  to 
the  high  spirit  of  free  dependencies,  animated  with  the 

10  first  glow  and  activity  of  juvenile  heat,  and  assuming  to 
themselves,  as  their  birthright,  some  part  of  that  very 
pride  which  oppresses  them.  They  who  perceive  no  diffi 
culty  in  reconciling  these  tempers,  (which  however  to 
make  peace  must  some  way  or  other  be  reconciled)  are 

15  much  above  my  capacity,  or  much  below  the  magnitude 
of  the  business.  Of  one  thing  I  am  perfectly  clear,  that 
it  is  not  by  deciding  the  suit,  but  by  compromising  the 
difference,  that  peace  can  be  restored  or  kept.  They  who 
would  put  an  end  to  such  quarrels,  by  declaring  roundly 

20  in  favour  of  the  whole  demands  of  either  party,  have 
mistaken,  in  my  humble  opinion,  the  office  of  a  mediator. 
The  war  is  now  of  full  two  years'  standing;  the  contro 
versy  of  many  more.  In  different  periods  of  the  dispute, 
different  methods  of  reconciliation  were  to  be  pursued. 

25  I  mean  to  trouble  you  with  a  short  state  of  things  at  the 
most  important  of  these  periods,  in  order  to  give  you  a 
more  distinct  idea  of  our  policy  with  regard  to  this  most 
delicate  of  all  objects.  The  colonies  were  from  the  begin 
ning  subject  to  the  legislature  of  Great  Britain,  on  prin- 

30  ciples  which  they  never  examined;  and  we  permitted  to 
them  many  local  privileges,  without  asking  how  they 


OAT  THE  AFFAIRS  OF  AMERICA.  45 

agreed  with  that  legislative  authority.  Modes  of  admin 
istration  were  formed  in  an  insensible  and  very  unsys 
tematic  manner.  But  they  gradually  adapted  themselves 
to  the  varying  condition  of  things. —  What  was  first  a 
single  kingdom,  stretched  into  an  empire ;  and  an  imperial  5 
superintendency,  of  some  kind  or  other,  became  necessary. 
Parliament  from  a  mere  representative  of  the  people, 
and  a  guardian  of  popular  privileges  for  its  own  imme 
diate  constituents,  grew  into  a  mighty  sovereign.  Instead 
of  being  a  control  on  the  crown  on  its  own  behalf,  it  com-  10 
municated  a  sort  of  strength  to  the  royal  authority; 
which  was  wanted  for  the  conservation  of  a  new  object, 
but  which  could  not  be  safely  trusted  to  the  crown  alone. 
On  the  other  hand,  the  colonies,  advancing  by  equal 
steps,  and  governed  by  the  same  necessity,  had  formed  15 
within  themselves,  either  by  royal  instruction  or  royal 
charter,  assemblies  so  exceedingly  resembling  a  parlia 
ment,  in  all  their  forms,  functions,  and  powers,  that  it 
was  impossible  they  should  not  imbibe  some  opinion  of  a 
similar  authority.  20 

At  the  first  designation  of  these  assemblies,  they  were 
probably  not  intended  for  anything  more,  (nor  perhaps 
did  they  think  themselves  much  higher)  than  the  munic 
ipal  corporations  within  this  island,  to  which  some  at 
present  love  to  compare  them.  But  nothing  in  progres-  25 
sion  can  rest  on  its  original  plan.  We  may  as  well  think 
of  rocking  a  grown  man  in  the  cradle  of  an  infant. 
Therefore  as  the  colonies  prospered  and  increased  to  a 
numerous  and  mighty  people,  spreading  over  a  very  great 
tract  of  the  globe;  it  was  natural  that  they  should  at-  30 
tribute  to  assemblies,  so  respectable  in  their  formal 


46         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

constitution,  some  part  of  the  dignity  of  the  great  nations 
which  they  represented.  No  longer  tied  to  by-laws,  these 
assemblies  made  acts  of  all  sorts  and  in  all  cases  whatso 
ever.  They  levied  money,  not  for  parochial  purposes, 
5  but  upon  regular  grants  to  the  crown,  following  all  the 
rules  and  principles  of  a  parliament  to  which  they  ap 
proached  every  day  more  and  more  nearly.  Those  who 
think  themselves  wiser  than  Providence,  and  stronger 
than  the  course  of  nature,  may  complain  of  all  this  varia- 

10  tion,  on  the  one  side  or  the  other,  as  their  several  humours 
and  prejudices  may  lead  them.  But  things  could  not  be 
otherwise;  and  English  colonies  must  be  had  on  these 
terms,  or  not  had  at  all.  In  the  mean  time  neither  party 
felt  any  inconvenience  from  this  double  legislature,  to 

15  which  they  had  been  formed  by  imperceptible  habits, 
and  old  custom,  the  great  support  of  all  the  governments 
in  the  world.  Though  these  two  legislatures  were  some 
times  found  perhaps  performing  the  very  same  functions, 
they  did  not  very  grossly  or  systematically  clash.  In  all 

20  likelihood  this  arose  from  mere  neglect;  possibly  from 
the  natural  operation  of  things,  which,  left  to  themselves, 
generally  fall  into  their  proper  order.  But  whatever  was 
the  cause,  it  is  certain  that  a  regular  revenue,  by  the 
authority  of  parliament,  for  the  support  of  civil  and 

25  military  establishments,  seems  not  to  have  been  thought 
of  until  the  colonies  were  too  proud  to  submit,  too  strong 
to  be  forced,  too  enlightened  not  to  see  all  the  conse 
quences  which  must  arise  from  such  a  system. 
If  ever  this  scheme  of  taxation  was  to  be  pushed  against 

30  the  inclinations  of  the  people,  it  was  evident  that  discus 
sions  must  arise,  which  would  let  loose  all  the  elements 


ON  THE  AFFAIRS  OF  AMERICA.  47 

that  composed  this  double  constitution;  would  show  how 
much  each  of  their  members  had  departed  from  its  orig 
inal  principles;  and  would  discover  contradictions  in  each 
legislature,  as  well  to  its  own  first  principles,  as  to  its 
relation  to  the  other,  very  difficult  if  not  absolutely  im-  5 
possible  to  be  reconciled. 

Therefore  at  the  first  fatal  opening  of  this  contest,  the 
wisest  course  seemed  to  be  to  put  an  end  as  soon  as  pos 
sible  to  the  immediate  causes  of  the  dispute;  and  to  quiet 
a  discussion,  not  easily  settled  upon  clear  principles,  10 
and  arising  from  claims,  which  pride  would  permit 
neither  party  to  abandon,  by  resorting  as  nearly  as  pos 
sible  to  the  old,  successful  course.  A  mere  repeal  of  the 
obnoxious  tax,  with  a  declaration  of  the  legislative 
authority  of  this  kingdom,  was  then  fully  sufficient  to  15 
procure  peace  to  both  sides.  Man  is  a  creature  of  habit, 
and  the  first  breach  being  of  very  short  continuance,  the 
colonies  fell  back  exactly  into  their  ancient  state.  The 
congress  has  used  an  expression  with  regard  to  this  paci 
fication,  which  appears  to  me  truly  significant.  After  20 
the  repeal  of  the  Stamp  Act,  "  the  colonies  fell,"  says  this 
assembly,  "into  their  ancient  state  of  unsuspecting  con 
fidence  in  the  mother  country."  This  unsuspecting 
confidence  is  the  true  center  of  gravity  amongst  mankind, 
about  which  all  the  parts  are  at  rest.  It  is  this  unsus-  25 
pecting  confidence  that  removes  all  difficulties,  and  recon 
ciles  all  the  contradictions  which  occur  in  the  complexity 
of  all  ancient,  puzzled,  political  establishments.  Happy 
are  the  rulers  which  have  the  secret  of  preserving  it! 

The    whole    empire    has    reason    to    remember,    with  30 
eternal  gratitude,  the  wisdom  and  temper  of  that  man 


48         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

and  his  excellent  associates,  who,  to  recover  this  confi 
dence,  formed  a  plan  of  pacification  in  1766.  That  plan, 
being  built  upon  the  nature  of  man,  and  the  circum 
stances  and  habits  of  the  two  countries,  and  not  on  any 
5  visionary  speculations,  perfectly  answered  its  end,  as 
long  as  it  was  thought  proper  to  adhere  to  it.  Without 
giving  a  rude  shock  to  the  dignity  (well  or  ill  under 
stood)  of  this  parliament,  they  gave  perfect  content  to 
our  dependencies.  Had  it  not  been  for  the  mediatorial 

10  spirit  and  talents  of  that  great  man,  between  such  clash 
ing  pretensions  and  passions,  we  should  then  have  rushed 
headlong  (I  know  what  I  say)  into  the  calamities  of  that 
civil  war,  in  which,  by  departing  from  his  system,  we 
are  at  length  involved;  and  we  should  have  been  precipi- 

15  tated  into  that  war,  at  a  time  when  circumstances  both 
at  home  and  abroad  were  far,  very  far,  more  unfavour 
able  unto  us  than  they  were  at  the  breaking  out  of  the 
present  troubles. 

I  had  the  happiness  of  giving  my  first  votes  in  parlia- 

20  ment  for  that  pacification.  I  was  one  of  those  almost 
unanimous  members,  who,  in  the  necessary  concessions 
of  parliament,  would  as  much  as  possible  have  preserved 
its  authority,  and  respected  its  honour.  I  could  not  at 
once  tear  from  my  heart  prejudices  which  were  dear  to 

25  me,  and  which  bore  a  resemblance  to  virtue.  I  had  then, 
and  I  have  still  my  partialities.  What  parliament  gave 
up,  I  wished  to  be  given  as  of  grace,  and  favour,  and 
affection,  and  not  as  a  restitution  of  stolen  goods.  High 
dignity  relented  as  it  was  soothed;  and  a  benignity  from 

30  old  acknowledged  greatness  had  its  full  effect  on  our 
dependencies.  Our  unlimited  declaration  of  legislative 


ON  THE  AFFAIRS  OF  AMERICA.  49 

authority  produced  not  a  single  murmur.  If  this  unde 
fined  power  has  become  odious  since  that  time,  and  full 
of  horror  to  the  colonies,  it  is  because  the  unsuspicious 
confidence  is  lost,  and  the  parental  affection,  in  the  bosom 
of  whose  boundless  authority  they  reposed  their  privi-  5 
leges,  is  become  estranged  and  hostile. 

It  will  be  asked,  if  such  was  then  my  opinion  of  the 
mode  of  pacification,  how  I  came  to  be  the  very  person 
who  moved,  not  only  for  a  repeal  of  all  the  late  coercive 
statutes,  but  for  mutilating,  by  a  positive  law,  the  entire-  10 
ness  of  the  legislative  power  of  parliament,  and  cutting 
off  from  it  the  whole  right  of  taxation?     I  answer,  be 
cause  a  different  state  of  things  requires  a  different  con 
duct.     When  the  dispute  had  gone  to  these  last  extremities 
(which  no  man  laboured  more  to  prevent  than  I  did,)  15 
the  concessions  which  had  satisfied  in  the  beginning,  could 
satisfy  no  longer;   because  the  violation  of  tacit  faith 
required  explicit  security.     The  same  cause  which  has 
introduced   all   formal    compacts    and    covenants    among 
men  made  it  necessary.    I  mean  habits  of  soreness,  jeal-  20 
ousy,  and  distrust.    I  parted  with  it,  as  with  a  limb;  but 
as  a  limb  to  save  the  body;  and  I  would  have  parted  with 
more,  if  more  had  been  necessary ;  anything  rather  than  a 
fruitless,  hopeless,  unnatural  civil  war.     This  mode  of 
yielding  would,  it  is  said,  give  way  to  independency,  with-  25 
out  a  war.    I  am  persuaded  from  the  nature  of  things,  and 
from  every  information,  that  it  would  have  had  a  directly 
contrary  effect.     But  if  it  had  this  effect,  I  confess  that 
I  should  prefer_independency  without  war,  to  independ 
ency  with  it ;  and  I  have  so  much  trust  in  the  inclinations  30 
and  prejudices  of  mankind,  and  so  little  in  anything  else, 


50         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

\    that  I  should  expect  ten  times  more  benefit  to  this  king- 
\   dom  from  the  affection  of  America,  though  under  a  sep 
arate  establishment,  than  from  her  perfect  submission  to 
the  crown  and  parliament,  accompanied  with  her  terror, 
5  disgust,  and  abhorrence.    Bodies  tied  together  by  so  un 
natural  a  bond  of  union,  as  mutual  hatred,   are  only 
connected  to  their  ruin. 

One  hundred  and  ten  respectable  members  of  parlia 
ment  voted  for  that  concession.    Many  not  present,  when 

10  the  motion  was  made,  were  of  the  sentiments  of  those 
who  voted.  I  knew  it  would  then  have  made  peace.  I 
am  not  without  hopes  that  it  would  do  so  at  present  if 
it  were  adopted.  ^No  benefit,  no  revenue  could  be  lost 
by  it;  something*mig]*t  possibly  be  gained  by  its  conse- 

15  quences.  For  be  fully  assured, -that,  of  all  the  phantoms 
that  ever  deluded  the  fond  hopes  of  a  credulous  world, 
a  parliamentary  revenue  in  the  coloiyes^  is-.the  most  per 
fectly  chimerical.  Your  breaking  them  to  any  subjection, 
far  from  relieving  your  burthens,  (the  pretext  for  this 

20  war,)  will  never  pay  that  military  force  which  will  be 
kept  up  to  the  destruction  of  their  liberties  and  yours. 
I  risk  nothing  in  this  prophecy. 

Gentlemen,  you  have  my  opinions  on  the  present  state 
of  public  affairs.     Mean  as  they  may  be  in  themselves, 

25  your  partiality  has  made  them  of  some  importance. 
Without  troubling  myself  to  inquire  whether  I  am  under 
a  formal  obligation  to  it,  I  have  a  pleasure  in  accounting 
for  my  conduct  to  my  constituents.  I  feel  warmly  on 
this  subject,  and  I  express  myself  as  I  feel.  If  I  presume 

30  to  blame  any  public  proceeding,  I  cannot  be  supposed  to 


ON  THE  AFFAIRS  OF  AMERICA.  51 

be  personal.  Would  to  God  I  could  be  suspected  of  it. 
My  fault  might  be  greater,  but  the  public  calamity  would 
be  less  extensive.  If  my  conduct  has  not  been  able  to 
make  any  impression  on  the  warm  part  of  that  ancient 
and  powerful  party,  with  whose  support  I  was  not  hon-  5 
cured  at  my  election;  on  my  side,  my  respect,  regard, 
and  duty  to  them  is  not  at  all  lessened.  I  owe  the 
gentlemen  who  compose  it  my  most  humble  service  in 
everything.  I  hope  that  whenever  any  of  them  were 
pleased  to  command  me,  that  they  found  me  perfectly  10 
equal  in  my  obedience.  But  flattery  and  friendship  are 
very  different  things ;  and  to  mislead  is  not  to  serve  them. 
I  cannot  purchase  the  favour  of  any  man  by  concealing 
from  him  what  I  think  his  ruin.  By  the  favour  of  my 
fellow-citizens,  I  am  the  representative  of  an  honest,  15 
well-ordered,  virtuous  city;  of  a  people,  who  preserve 
more  of  the  original  English  simplicity,  and  purity  of 
manners,  than  perhaps  any  other.  You  possess  among 
you  several  men  and  magistrates  of  large  and  cultivated 
understandings ;  fit  for  any  employment  in  any  sphere.  ,  I  20 
do,  to  the  best  of  my  power,  act  so  as  to  make  myself 
worthy  of  so  honourable  a  choice.  If  I  were  ready,  on 
any  call  of  my  own  vanity  or  interest,  or  to  answer  any 
election  purpose,  to  forsake  principles,  (whatever  they 
are)  which  I  had  formed  at  a  mature  age,  on  full  reflec-  25 
tion,  and  which  had  been  confirmed  by  long  experience, 
I  should  forfeit  the  only  thing  which  makes  you  pardon 
so  many  errors  and  imperfections  in  me.  Not  that  I 
think  it  fit  for  any  one  to  rely  too  much  on  his  own  un 
derstanding;  or  to  be  filled  with  a  presumption,  not  30 


52         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

becoming  a  Christian  man,  in  his  own  personal  stability 
and  rectitude. 

I  hope  I  am  far  from  that  vain  confidence,  which  al 
most  always  fails  in  trial.  I  know  my  weakness  in  all 
5  respects,  as  much  at  least  as  any  enemy  I  have;  and  I 
attempt  to  take  security  against  it.  The  only  method 
which  has  ever  been  found  effectual  to  preserve  any  man 
against  the  corruption  of  nature  and  example,  is  an 
habit  of  life  and  communication  of  counsels  with  the 

10  most  virtuous  and  public-spirited  men  of  the  age  you  live 
in.  Such  a  society  cannot  be  kept  without  advantage,  or 
deserted  without  shame.  For  this  rule  of  conduct  I  may 
be  called  in  reproach  a  party  man;  but  I  am  little  affected 
with  such  aspersions.  In  the  way  which  they  call  party, 

15  I  worship  the  constitution  of  your  fathers;  and  I  shall 
never  blush  for  my  political  company.  All  reverence  to 
honour,  all  idea  of  what  it  is,  will  be  lost  out  of  the 
world,  before  it  can  be  imputed  as  a  fault  to  any  man, 
that  he  has  been  closely  connected  with  those  incompar- 

20  able  persons,  living  and  dead,  with  whom  for  eleven  years 
I  have  constantly  thought  and  acted.  If  I  have  wandered 
out  of  the  paths  of  rectitude  into  those  of  interested  fac 
tion,  it  was  in  company  with  the  Saviles,  the  Dowdes- 
wells,  the  Wentworths,  the  Bentincks;  with  the  Lenoxes, 

25  the  Manchesters,  the  Keppels,  the  Saunderses;  with  the 
temperate,  permanent,  hereditary  virtue  of  the  whole 
house  of  Cavendish;  names,  among  which,  some  have 
extended  your  fame  and  empire  in  arms,  and  all  have 
fought  the  battle  of  your  liberties  in  fields  not  less 

30  glorious. —  These,    and   many   more   like   these,   grafting 


ON  THE  AFFAIRS  OF  AMERICA.  53 

public  principles  on  private  honour,  have  redeemed  the 
present  age,  and  would  have  adorned  the  most  splendid 
period  in  your  history.  Where  could  any  man,  conscious 
of  his  own  inability  to  act  alone,  and  willing  to  act  as 
he  ought  to  do,  have  arranged  himself  better?  If  any  5 
one  thinks  this  kind  of  society  to  be  taken  up  as  the 
best  method  of  gratifying  low,  personal  pride,  or  ambi 
tious  interest,  he  is  mistaken;  and  he  knows  nothing  of 
the  world. 

Preferring  this  connexion,  I  do  not  mean  to  detract  in  10 
the  slightest  degree  from  others.  There  are  some  of 
those,  whom  I  admire  at  something  of  a  greater  distance, 
with  whom  I  have  had  the  happiness  also  perfectly  to 
agree,  in  almost  all  the  particulars,  in  which  I  have 
differed  with  some  successive  administrations;  and  they  15 
are  such,  as  it  never  can  be  reputable  to  any  government 
to  reckon  among  its  enemies.  I  hope  there  are  none  of 
you  corrupted  with  the  doctrine  taught  by  wicked  men 
for  the  worst  purposes,  and  received  by  the  malignant 
credulity  of  envy  and  ignorance,  which  is,  that  the  men  20 
who  act  upon  the  public  stage  are  all  alike;  all  equally 
corrupt;  all  influenced  by  no  other  views  than  the  sordid 
lure  of  salary  and  pension.  The  thing  I  know  by  expe 
rience  to  be  false.  Never  expecting  to  find  perfection  in 
men,  and  not  looking  for  divine  attributes  in  created  25 
beings,  in  my  commerce  with  my  contemporaries,  I  have 
found  much  human  virtue.  I  have  seen  not  a  little  public 
spirit;  a  real  subordination  of  interest  to  duty;  and  a 
decent  and  regulated  sensibility  to  honest  fame  and  repu 
tation.  The  age  unquestionably  produces  (whether  in  a  30 


54         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

greater  or  less  number  than  former  times,  I  know  not) 
daring  profligates,  and  insidious  hypocrites.  What  then? 
Am  I  not  to  avail  myself  of  whatever  good  is  to  be  found 
in  the  world,  because  of  the  mixture  of  evil  that  will 
5  always  be  in  it?  The  smallness  of  the  quantity  in  cur 
rency  only  heightens  the  value.  They,  who  raise  suspi 
cions  on  the  good  on  account  of  the  behaviour  of  ill  men, 
are  of  the  party  of  the  latter.  The  common  cant  is  no 
justification  for  taking  this  party.  I  have  been  deceived, 

10  say  they,  by  Titius  and  Mcevius;  I  have  been  the  dupe  of 
this  pretender  or  of  that  mountebank;  and  I  can  trust 
appearances  no  longer.  But  my  credulity  and  want  of 
discernment  cannot,  as  I  conceive,  amount  to  a  fair  pre 
sumption  against  any  man's  integrity.  A  conscientious 

15  person  would  rather  doubt  his  own  judgment,  than  con 
demn  his  species.  He  would  say,  I  have  observed  without 
attention,  or  judged  upon  erroneous  maxims ;  I  trusted  to 
profession,  when  I  ought  to  have  attended  to  conduct. 
Such  a  man  will  grow  wise,  not  malignant,  by  his  ac- 

20  quaintance  with  the  world.  But  he  that  accuses  all  man 
kind  of  corruption,  ought  to  remember  that  he  is  sure 
to  convict  only  one.  In  truth  I  should  much  rather 
admit  those,  whom  at  any  time  I  have  disrelished  the 
most,  to  be  patterns  of  perfection,  than  seek  a  consola- 

25  tion  to  my  own  unworthiness,  in  a  general  communion  of 
depravity  with  all  about  me. 

That  this  ill-natured  doctrine  should  be  preached  by 
the  missionaries  of  a  court  I  do  not  wonder.  It  answers 
their  purpose.  But  that  it  should  be  heard  among  those 

30  who  pretend  to  be  strong  assertors  of  liberty,  is  not  only 


ON  THE  AFFAIRS  OF  AMERICA.  55 

surprising,  but  hardly  natural.  This  moral  levelling  is 
a  servile  principle.  It  leads  to  practical  passive  obedience 
far  better  than  all  the  doctrines  which  the  pliant  accom 
modation  of  theology  to  power  has  ever  produced.  It 
cuts  up  by  the  roots,  not  only  all  idea  of  forcible  re-  5 
sistance,  but  even  of  civil  opposition.  It  disposes  men 
to  an  abject  submission,  not  by  opinion,  which  may  be 
shaken  by  argument  or  altered  by  passion,  but  by  the 
strong  ties  of  public  and  private  interest.  For  if  all  men 
who  act  in  a  public  situation  are  equally  selfish,  corrupt,  10 
and  venal,  what  reason  can  be  given  for  desiring  any 
sort  of  change,  which,  besides  the  evils  which  must  at 
tend  all  changes,  can  be  productive  of  no  possible 
advantage  ?  The  active  men  in  the  state  are  true  samples 
of  the  mass.  If  they  are  universally  depraved,  the  com-  15 
monwealth  itself  is  not  sound.  We  may  amuse  ourselves 
with  talking  as  much  as  we  please  of  the  virtue  of  middle 
or  humble  life;  that  is,  we  may  place  our  confidence  in 
the  virtue  of  those  who  have  never  been  tried.  But  if 
the  persons  who  are  continually  emerging  out  of  that  20 
sphere,  be  no  better  than  those  whom  birth  has  placed 
above  it,  what  hopes  are  there  in  the  remainder  of  the 
body,  which  is  to  furnish  the  perpetual  succession  of  the 
state?  All  who  have  ever  written  on  government  are 
unanimous,  that  among  a  people  generally  corrupt,  lib-  25 
erty  cannot  long  exist.  And  indeed  how  is  it  possible? 
when  those  who  are  to  make  the  laws,  to  guard,  to  en 
force,  or  to  obey  them,  are,  by  a  tacit  confederacy  of 
manners,  indisposed  to  the  spirit  of  all  generous  and 
noble  institutions.  30 


56          LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

I  am  aware  that  the  age  is  not  what  we  all  wish.  But 
I  am  sure,  that  the  only  means  of  checking  its  precipitate 
degeneracy,  is  heartily  to  concur  with  whatever  is  the 
best  in  our  time;  and  to  have  some  more  correct  standard 
5  of  judging  what  that  best  is,  than  the  transient  and 
uncertain  favour  of  a  court.  If  once  we  are  able  to  find, 
and  can  prevail  on  ourselves  to  strengthen  an  union  of 
such  men,  whatever  accidentally  becomes  indisposed  to 
ill-exercised  power,  even  by  the  ordinary  operation  of 

10  human  passions,  must  join  with  that  society,  and  cannot 
long  be  joined,  without  in  some  degree  assimilating  to  it. 
Virtue  will  catch  as  well  as  vice  by  contact;  and  the 
public  stock  of  honest,  manly  principle  will  daily  accu 
mulate.  We  are  not  too  nicely  to  scrutinise  motives  as 

15  long  as  action  is  irreproachable.  It  is  enough,  (and  for 
a  worthy  man  perhaps  too  much)  to  deal  out  its  infamy 
to  convicted  guilt  and  declared  apostasy. 

This,  gentlemen,  has  been  from  the  beginning  the  rule 
of  my  conduct ;  and  I  mean  to  continue  it,  as  long  as  such 

20  a  body  as  I  have  described  can  by  any  possibility  be 
kept  together;  for  I  should  think  it  the  most  dreadful 
of  all  offences,  not  only  towards  the  present  generation 
but  to  all  the  future,  if  I  were  to  do  anything  which 
could  make  the  minutest  breach  in  this  great  conserva- 

25  tory  of  free  principles.  Those  who  perhaps  have  the  same 
intentions,  but  are  separated  by  some  little  political  ani 
mosities,  will  I  hope  discern  at  last,  how  little  conducive 
it  is  to  any  rational  purpose,  to  lower  its  reputation. 
For  my  part,  gentlemen,  from  much  experience,  from  no 

30  little  thinking,  and  from  comparing  a  great  variety  of 


ON  THE  AFFAIRS  OF  AMERICA.  57 

things,  I  am  thoroughly  persuaded,  that  the  last  hopes 
of  preserving  the  spirit  of  the  English  constitution,  or 
of  reuniting  the  dissipated  members  of  the  English  race 
upon  a  common  plan  of  tranquillity  and  liberty,  does 
entirely  depend  on  their  firm  and  lasting  union;  and  5 
above  all  on  their  keeping  themselves  from  that  despair, 
which  is  so  very  apt  to  fall  on  those,  whom  a  violence 
of  character  and  a  mixture  of  ambitious  views  do  not 
support  through  a  long,  painful,  and  unsuccessful 
struggle.  10 

There  never,  gentlemen,  was  a  period  in  which  the  sted- 
fastness  of  some  men  has  been  put  to  so  sore  a  trial.  It 
is  not  very  difficult  for  well-formed  minds  to  abandon 
their  interest;  but  the  separation  of  fame  and  virtue  is 
a  harsh  divorce.  Liberty  is  in  danger  of  being  madexi5 
unpopular  to  Englishmen.  Contending  for  an  imaginary 
power,  we  begin  to  acquire  the  spirit  of  domination,  and 
to  lose  the  relish  of  honest  equality.  The  principles  of 
our  forefathers  become  suspected  to  us,  because  we 
see  them  animating  the  present  opposition  of  our  childrenv2o 
The  faults  which  grow  out  of  the  luxuriance  of  freedom 
appear  much  more  shocking  to  us  than  the  base  vices 
which  are  generated  from  the  rankness  of  servitude.  Ac 
cordingly  the  least  resistance  to  power  appears  more 
inexcusable  in  our  eyes  than  the  greatest  abuses  of  25 
authority.  All  dread  of  a  standing  military  force  is 
looked  upon  as  a  superstitious  panic.  All  shame  of  call 
ing  in  foreigners  and  savages  in  a  civil  contest  is  worn 
off.  We  grow  indifferent  to  the  consequences  inevitable 
to  ourselves  from  the  plan  of  ruling  half  the  empire  by  30 


68         LETTER  TO  THE  SHERIFFS  OF  BRISTOL 

a  mercenary  sword.  We  are  taught  to  believe,  that  a 
desire  of  domineering  over  our  countrymen  is  love  to  our 
country;  that  those  who  hate  civil  war  abet  rebellion, 
and  that  the  amiable  and  conciliatory  virtues  of  lenity, 
5  moderation,  and  tenderness  to  the  privileges  of  those  who 
depend  on  this  kingdom,  are  a  sort  of  treason  to  the 
state. 

It  is  impossible  that  we  should  remain  long  in  a  situa 
tion,  which  breeds  such  notions  and  dispositions,  without 

10  some  great  alteration  in  the  national  character.  Those 
ingenuous  and  feeling  minds  who  are  so  fortified  against 
all  other  things,  and  so  unarmed  to  whatever  approaches 
in  the  shape  of  disgrace,  finding  these  principles,  which 
they  considered  as  sure  means  of  honour,  to  be  grown 

15  into  disrepute,  will  retire  disheartened  and  disgusted. 
Those  of  a  more  robust  make,  the  bold,  able,  ambitious 
men,  who  pay  some  of  their  court  to  power  through  the 
people,  and  substitute  the  voice  of  transient  opinion  in 
the  place  of  true  glory,  will  give  into  the  general  mode; 

20  and  those  superior  understandings  which  ought  to  correct 
vulgar  prejudice,  will  confirm  and  aggravate  its  errors. 
Many  things  have  been  long  operating  towards  a  gradual 
change  in  our  principles.  But  this  American  war  has 
done  more  in  a  very  few  years,  than  all  the  other  causes 

25  could  have  effected  in  a  century.  It  is  therefore  not  on 
its  own  separate  account,  but  because  of  its  attendant 
circumstances,  that  I  consider  its  continuance,  or  its  end 
ing  in  any  way  but  that  of  an  honourable  and  liberal 
accommodation,  as  the  greatest  evils  which  can  befall 

30  us.     For  that  reason  I  have  troubled  you  with  this  long 


ON  THE  AFFAIRS  OF  AMERICA.  59 

letter.  For  that  reason  I  entreat  you  again  and  again, 
neither  to  be  persuaded,  shamed,  or  frighted  out  of  the 
principles  that  have  hitherto  led  so  many  of  you  t.n  ah^nr 
the  war,  its  cause,  and  its  consequences.  Let  us  not  be 
amongst  the  first  who  renounce  the  maxims  of  our  fore-  5 
fathers. 

I  have  the  honour  to  le, 

GENTLEMEN, 
Your  most  obedient, 
And  faithful  humble  servant, 

BEACONSFIELD,  EDMUND  BURKE. 

April  3,  1777. 

P.  8.    You  may  communicate  this  letter  in  any  man 
ner  you  think  proper  to  my  constituents. 


NOTES. 


1.  Gentlemen.  The  Letter  was  addressed  to  the  sheriffs 
of  Bristol,  because  as  representatives  of  the  King,  by  whom 
they  were  appointed  each  year,  the  sheriffs  had  charge  of  all 
the  elections  in  the  county.  John  Farr,  a  "  rope  maker," 
and  John  Harris,  a  "  hosier,"  were  sheriffs  in  1776-7.  Harris 
was  again  appointed  sheriff  in  1788,  and  two  years  later  was 
elected  mayor.  Farr  was  elected  mayor  in  1784. 

1  7.  to  nine.  These  statutes  were:  (1)  the  closing  of 
Boston  harbour  (14  Geo.  III.  19,  i.  e.,  the  nineteenth  act 
of  Parliament  in  the  fourteenth  year  of  the  reign  of  George 
III.  See  Statutes  at  Large)  ;  (2)  the  act  for  bringing  to 
England  for  trial  persons  accused  of  committing  murder  in 
the  execution  of  the  law,  or  in  suppressing  riots  and  tumults 
in  the  colonies  (14  Geo.  III.  39)  ;  (3)  the  suspension  of  the 
charter  of  Massachusetts  (14  Geo.  III.  45)  ;  (4)  the  Military 
Bill  for  quartering  the  soldiers  in  America  (14  Geo.  III.  54)  ; 
(5)  the  Quebec  Act  which  extended  the  boundaries  of  that 
province  to  the  Ohio  and  Mississippi  Rivers  (14  Geo.  III. 
83)  ;  (6)  the  act  restraining  the  colonies  from  trading  with 
Great  Britain  and  the  West  Indies,  and  from  the  Newfound 
land  fisheries  (15  Geo.  III.  10)  ;  (7)  the  Prohibitory  Act,  to 
prohibit  all  trade  and  intercourse  with  the  colonies  during 
rebellion  (16  Geo.  III.  5)  ;  and  the  two  acts  spoken  of  below. 

1  14.  our  detestation.  The  sheriffs  may  have  agreed 
with  Burke,  but  the  majority  of  the  citizens  of  Bristol  did 
not,  for  in  less  than  a  year  they  pledged  £21,000  to  aid  the 
government  in  prosecuting  the  war,  while  the  friends  of  the 
colonists  could  raise  only  £363. 

61 


62  NOTES. 

2  2.  the  English  on  the  continent.  The  Americans. 
See  also  5  31,  7  28,  20  4,  20  18,  21  8,  23  13,  27  31. 

2  4.  which,  undermine  our  own.  In  An  Appeal  from 
the  New  to  the  Old  Whigs,  Burke  said :  "  He  certainly  never 
could  and  never  did  wish  the  colonists  to  be  subdued  by  arms. 
He  was  fully  persuaded,  that,  if  such  should  be  the  event, 
they  must  be  held  in  that  subdued  state  by  a  great  body  of 
standing  forces,  and  perhaps  of  foreign  forces.  He  was 
strongly  of  opinion  that  such  armies,  first  victorious  over 
Englishmen,  in  a  conflict  for  English  constitutional  rights  and 
privileges,  and  afterwards  habituated  (though  in  America) 
to  keep  an  English  people  in  a  state  of  abject  subjection,  would 
prove  fatal  in  the  end  to  the  liberties  of  England  itself." 
Burke's  Works,  IV.  102. 

2  5.  the  letter  of  marque.  "A  bill  (17  Geo.  III.  7) 
for  enabling  the  admiralty  to  grant  commissions,  or  letters 
of  marque  and  reprisal,  as  they  are  usually  called,  to  the 
owners  or  captains  of  private  merchant  ships,  authorising 
them  to  take  and  make  prize  of  all  vessels  with  their  effects, 
belonging  to  any  of  the  inhabitants  of  the  thirteen  specified 
revolted  American  colonies,  was  passed  without  debate  or 
opposition  in  the  House  of  Commons,  soon  after  the  recess. 
It  did  not  cost  much  more  trouble  to  the  Lords."  Annual 
Register,  1777,  p.  53.  To  make  war  without  such  permission 
is  piracy ;  with  it,  privateering.  A  declaration  of  the  Con 
gress  of  Paris  in  1856  abolished  privateering.  (Selby.) 

2  io.  a  partial  suspension  of  the  Habeas  Corpus. 
This  act  (17  Geo.  III.  9)  was  passed  on  17  Feb.  1777 
by  a  vote  of  112  to  33,  although  the  sheriffs  of  London  had 
presented  a  petition  against  it  on  the  ground  that  it  was 
taking  away  the  fundamental  rights  of  the  people.  The  full 
text  of  the  act  is  as  follows: 

An  act  to  impower  his  Majesty  to  secure  and  detain  Persons 
charged  with,  or  suspected  of,  the  Crime  of  High  Treason,  com 
mitted  in  any  of  his  Majesty's  Colonies  or  Plantations  in  America, 
or  on  the  High  Seas,  or  the  Crime  of  Piracy. 

Whereas  a  Rebellion  and  War  have  been  openly  and  traiterously 
levied  and  carried  on  in  certain  of  his  Majesty's  Colonies  and  Plan 
tations  in  America,  and  Acts  of  Treason  and  Piracy  have  been 
committed  on  the  High  Seas,  and  upon  the  Ships  and  Goods  of 
his  Majesty's  Subjects,  and  many  Persons  have  been  seized  and 


NOTES. 


taken,  who  are  expressly  charged  or  strongly  suspected  of  such 
Treasons  and  Felonies,  and  many  more  such  Persons  may  be  here 
after  so  seized  and  taken:  And  whereas  such  Persons  have  been, 
and  may  be  brought  into  this  Kingdom,  and  into  other  Parts  of  his 
Majesty's  Dominions,  and  it  may  be  inconvenient  in  many  such 
Cases  to  proceed  forthwith  to  the  Trial  of  such  Criminals,  and  at 
the  same  Time  of  evil  Example  to  suffer  them  to  go  at  large;  be 
it  therefore  enacted  by  the  King's  most  Excellent  Majesty,  by  and 
with  the  Advice  and  Consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and  by  the 
Authority  of  the  same,  That  all  and  every  Person  or  Persons  who 
have  been  or  shall  hereafter  be  seized  or  taken  in  the  Act  of  High 
Treason  committed  in  any  of  his  Majesty's  Colonies  or  Plantations 
in  America,  or  on  the  High  Seas,  or  in  'the  Act  of  Piracy,  or  who 
are  or  shall  be  charged  with  or  suspected  of  the  Crime  of  High 
Treason,  committed  in  any  of  the  said  Colonies,  or  on  the  High 
Seas,  or  of  Piracy,  and  who  have  been,  or  shall  be  committed,  in 
any  Part  of  his  Majesty's  Dominions,  for  such  Crimes,  or  any  of 
them,  or  for  Suspicion  of  such  Crimes,  or  any  of  them,  by  any 
Magistrate  having  competent  Authority  in  that  Behalf,  to  the 
Common  Gaol,  or  other  Place  of  Confinement  as  is  hereinafter  pro 
vided  for  that  Purpose,  shall  and  may  be  thereupon  secured  and 
detained  in  safe  Custody,  without  Bail  or  Mainprize,  until  the  first 
Day  of  January,  one  thousand  seven  hundred  and  seventy-eight; 
and  that  no  Judge  or  Justice  of  Peace  shall  bail  or  try  any  such 
Person  or  Persons  without  Order  from  his  Majesty's  most  honour 
able  Privy  Council,  signed  by  six  of  the  said  Privy  Council,  until 
the  said  first  day  of  January,  one  thousand  seven  hundred  and  sev 
enty-eight;  any  Law,  Statute,  or  Usage,  to  the  contrary  in  anywise 
notwithstanding. 

II.  And   whereas  it   may  be  necessary  to   provide  for  such   Pris 
oners  within  this  Realm  some  other  Places  of   Confinement  besides 
the  Common  Gaols;  be  it  enacted  by  the  Authority  aforesaid,   That 
it  shall  and  may  be   lawful  for  his  Majesty,   by  Warrant  under  his 
Sign  Manual,    to   appoint   one   or  more   Place   or  Places   of   Confine 
ment  within  the  Realm,  for  the  Custody  of  such  Prisoners;   and  all 
and  every  Magistrate  and  Magistrates,  having  competent  Authority 
in   that  Behalf,    are   hereby   authorised    to   commit    such   Persons   as 
aforesaid  to  such  Place  or  Places  of  Confinement,  so  to  be  appointed, 
instead  of  the  Common  Gaol. 

III.  Provided  always,   and  be  it  enacted,   that  no   Offences  shall 
be  construed  to  be  Piracy  within  the   Meaning   of  this   Act,    except 
Acts  of  Felony  committed  on  the  Ships  and  Goods  of  his  Majesty's 
Subjects  by  Persons  on  the  High  Seas. 

IV.  Provided  also,  and  it  is  hereby  declared,  That  nothing  herein 
contained,   is  intended,  or  shall  be  construed  to  extend  to  the  Case 
of   any   other   Prisoner   or   Prisoners   than   such   as    shall    have   been 
out  of  the  Realm  at  the  Time  or  Times  of  the  Offence  or  Offences 
wherewith    he    or   they    shall   be   charged,    or    of   which   he    or    they 
shall  be  suspected. 

V.  And   be   it   further  enacted   by   the   Authority   aforesaid,    That 
this  Act  shall  continue  and  be   in  Force  until  the  said  first  Day  of 
January,    one    thousand    s«ven    hundred    and    seventy-eight    and    no 
longer. 

By    successive    enactments,    it    was    continued    to    January, 
1783.     The  amendment  referred   to  in  2    12   is    section   IV. 
3   9.    the    order    of    crimes.    A    rebel,    who    attempts    to 


64  NOTES. 

overthrow  by  force  the  government  to  which  he  owes  alle 
giance,  may  deserve  our  respect,  but  a  pirate  or  sea-robber, 
who  sails  the  sea  for  the  robbery  and  plunder  of  merchant- 
vessels  is  an  enemy  of  the  whole  human  race,  an  object  of 
universal  detestation. 

3  1 6.  corruption  of  blood.  A  man  sentenced  to  death 
or  outlawed  for  treason  or  felony  was  said  to  have  become 
"  tainted  "  or  "  corrupted,"  so  that  he  and  his  descendants  lost 
all  rights  of  rank  and  title ;  he  could  no  longer  retain  possession 
of  land  which  he  had  held,  nor  leave  it  to  heirs,  nor  could  his 
descendants  inherit  from  him. 

3  24.  Lord  Coke.  Sir  Edward  Coke,  (1552-1634),  was 
Speaker  of  the  House  of  Commons  in  1592,  the  successful 
rival  of  Sir  Francis  Bacon  for  Attorney-General  in  1593, 
Chief  Justice  of  the  Common  Pleas  in  1606,  and  of  the 
King's  Bench  in  1613.  Coke  prosecuted  the  Earl  of  Essex 
for  treason  while  Lord-Lieutenant  of  Ireland,  and  the  Earl 
of  Southampton,  Shakespeare's  patron,  for  aiding  Essex.  He 
also  prosecuted  Sir  Walter  Raleigh  for  conspiracy  in  1603, 
and  the  Gunpowder  Plotters  in  1605.  His  chief  works  are 
his  Reports,  and  his  edition  of  Littleton's  Institutes.  "  The 
key  to  his  whole  life  is  his  veneration  for  the  law,  for  its 
technicalities  as  well  as  for  its  substance,  and  the  belief  that  on 
its  rigourous  maintenance  and  the  following  of  precedents  de 
pended  the  liberties  of  England.  Possessed  with  this  one  idea 
he  exercised  a  great  and  beneficial  restraint  on  two  of  the  most 
dangerous  and  unwise  of  English  Kings." 

3  30.    Lord   Balmerino,    (1688-1746),  a    Scotch  Jacobite, 
had  fought  in  the  Rebellion  of  1715  for  the  "  Old  Pretender," 
but  was  pardoned.     He  was  especially  active  in  the  Rebellion 
of  1745  for  the  "  Young   Pretender "   and   for  this   was   tried 
and  beheaded.     See  Gentleman's  Magazine,  XVI.  391. 

4  10.    new-created    offence.     By    the    Prohibitory    Bill, 
all  ships  and  goods  of  the  colonists,  taken  by  the  British  ships 
of  war,  were  forfeited  to  the  captors,  "  for  the  encouragement 
of  the  officers  and  seamen  of  his  Majesty's  ships  of  war." 

4  28,  their  construction  of  that  act.  Early  in  Jan 
uary,  1769,  Parliament,  by  a  vote  of  169  to  65,  sent  an 
address  to  the  King,  urging  him  to  put  down  the  disturbances 


NOTES.  65 

in  Massachusetts  caused  by  the  Townshend  Act,  and  to  bring 
the  offenders  to  England  for  trial  by  authority  of  the  act 
of  Henry  VIII.  (35  Hen.  VIII.  2).  which  had  been  passed 
in  1543  when  England  had  no  colonies. 

6  7.    Tyburn.    The  place  of  public  execution  of  criminals 
convicted    in    London.     Here,    in    1724,    Jack    Sheppard,    the 
highwayman,  was  executed  in  the  presence  of  200,000  people. 
After    November,    1783,    the   executions    were    transferred    to 
Newgate. 

7  28.    foreign  troops.    Unable  to  obtain  a  sufficient  num 
ber   of  recruits   from  her  own  territory,   Great   Britain   hired 
about  18,000  Germans,  chiefly  from  the  Landgrave  of  Hesse. 
In   addition  to  the  salaries,   England  paid  $35   for  each  man 
killed,  $12  for  each  man  wounded,  and  a  large  bounty  to  the 
German  rulers. 

7  30.    an   exchange   of   prisoners.    As  the   result   of  an 
interview  on  22  July  1776  between  General   Washington  and 
Paterson,    the   British    adjutant-general    under    General    Howe, 
Congress  agreed  to  exchange  prisoners  of  war :  officer  for  officer 
of  equal  rank,  soldier  for  soldier,  sailor  for  sailor,  and  citizen 
for  citizen. 

8  3.    administration.     The     ministry     or     the     "  govern 
ment." 

9  2.    tie    late    rebellions.    The    Jacobite    Rebellions    for 
the  "  Old  Pretender  "  in  1715  and  for  the  "  Young  Pretender  "  in 
1745.     See    S.    R.    Gardiner's    Student    History    of    England, 
pp.  705,  739. 

9  24.    Oyer     and     Terminer.     A     commission     formerly 
directed  to  the  King's  judges,  sergeants,  and  other  persons  of 
note,  empowering  them   to  hear  and   determine  indictments  on 
specified  offences,  such  as  treasons,  felonies,  etc.,  special  com 
missions    being    granted    on    occasions    of    extraordinary    dis 
turbances    such    as    insurrections. 

10  12.    the   common  law.    The  common  law,   or   unwrit 
ten    law   of   England    is    that   law   which   has   come   down    by 
general   custom   from   time   immemorial,   as   distinguished   from 
that  law  which  is  the  result  of  statutes  or  acts  passed  by  a 
legislative  body.     For  instance,  at  common  law,  a  widow  has 
dower,  i.   e.  the  right    to  one-third  of  her  husband's  personal 
property  and  a  life-interest  in  one-third  of  his  real  estate. 


66  NOTES. 

11  10.    Call    of    the    nation.     This    phrase    is    probably 
formed  by  analogy  from  the  "  Call  of  the  House,"  which  is  an 
imperative  summons   sent  to  every   member   of   Parliament  to 
attend  when  the  sense  of  the  whole  House  is  required.     At  the 
muster,  the  names  of  the  members  are  called  over,  and  defaulters 
reported. 

12  2.    the   first   partial   suspension.    The   first   suspen 
sion    of   the    Habeas    Corpus   Act   was    in    1689,    when   many 
persons    were   arrested   for   conspiring   against   King   William; 
but  they  were  detained  only  for  a  few  weeks  until  the  court 
could  meet  to  try  them.     Other  conspiracies  against  the  sov 
ereign  led  to  its  suspension  in   1696,   1715,    1722,   and   1727. 
In  1744  it  was  suspended  for  two  months  because  of  fear  of 
a  French  invasion,  and  in  1745  it  was  suspended   during  the 
Rebellion  of  the  "  Young  Pretender."    Jeremy  Bentham,  in  1809, 
said :     "As    for   the    Habeas    Corpus   Act,    better    the   statute 
book  were  rid  of  it.     Standing  or  lying  as  it  does,  up  one  day, 
down  another, —  it  serves  but  to  swell  the  list  of  sham-securi 
ties,  with  which  to  keep  up  the  delusion,  the  pages  of  our  law 
books  are  defiled.     When  no  man  has  need  of  it,  then  it  is 
that  it  stands:  comes  a  time  when  it  might  be  of  use,  and  then 
it  is  suspended."     Works,  III.  435.     Dr.  Johnson  said :     "  The 
Habeas  Corpus  is  the  single  advantage  which  our  government 
has  over  that  of  other  countries."     BoswelVs  Johnson,  II.  73. 

12  8.  even  negro  slaves.  In  1772,  Lord  Mansfield 
issued  a  writ  of  Habeas  Corpus  to  release  James  Sommersett, 
a  negro  slave,  who  had  accompanied  his  master  from  Virginia 
to  London,  where  he  had  attempted  to  flee  from  his  master  and 
had  been  captured,  and  confined  on  a  vessel  bound  for  Jamaica. 
After  an  important  trial,  he  was  declared  free.  See  Howells1 
State  Trials,  vol.  20,  p.  1,  No.  548. 

12  20.    three   unoffending  provinces.    New  York,   New 
Jersey   and    Pennsylvania    were   less    desirous    than    the   other 
colonies  of  engaging  in  war  with  England. 

13  5.    I   do   not   speak   of   my   opposition.    Burke  was 
always  modest.     See  35  27,  36  24,  37  8,  44  21,  51  3,  52  3, 
53   3,   54   12,   58   30. 

13  25.  my  usual  strict  attendance.  See  INTRODUC 
TION,  p.  XXIX.  There  is  no  record  of  Burke's-  attending  the  ses- 


NOTES.  67 

sions  of  the  House  from  6  Nov.   1776  until   16  April  1777. 
Burke  wrote  to  the  Marquis  of  Rockingham: 

By  the  conversation  of  some  friends,  it  seemed  as  if  they  were 
willing  to  fall  in  with  this  design,  because  it  promised  to  emanci 
pate  them  from  the  servitude  of  irksome  business,  and  to  afford 
them  an  opportunity  of  retiring  to  ease  and  tranquillity.  If  that  be 
their  object  in  the  secession  and  in  the  addresses  proposed,  there 
surely  never  were  means  worse  chosen  to  gain  their  end;  and  if  this 
be  any  part  of  their  project,  it  were  a  thousand  times  better  it  were 
never  undertaken.  ...  If  your  lordship's  friends  do  not  go  to 
this  business  with  their  whole  hearts,  if  they  do  not  feel  them 
selves  uneasy  without  it,  if  they  do  not  undertake  it  with  a  certain 
degree  of  zeal,  and  even  with  warmth  and  indignation,  it  had  bet 
ter  be  removed  wholly  out  of  our  thoughts.  A  measure  of  less 
strength,  and  more  in  the  beaten  circle  of  affairs,  if  supported 
with  spirit  and  industry,  would  be  on  all  accounts  infinitely  more 
eligible.  Works,  VI.  155. 

This  secession  was  harshly  criticised  even  by  Burke's  own 
party  because  it  was  not  general  and  because  no  public  ad 
dresses  or  remonstrances  had  been  made.  Burke  however  had 
prepared  An  Address  to  the  King  and  An  Address  to  the 
British  Colonists  in  North  America,  which  were  not  published 
during  his  life.  Works,  VI.  161-196.  The  author  of  one  of 
the  replies  to  the  Letter  to  the  Sheriffs  of  Bristol  says: 

The  conduct  of  Mr.  Burke  was  unworthy  an  orator,  unworthy  a 
patriot,  unworthy  a  man:  Not  immediately,  because  he  did  not  op 
pose  the  bill;  but  because,  never  having  resisted  the  bill  with  the 
faintest  finger  of  opposition,  he  descended  so  very  low  as  to  write 
against  it,  after  all  opposition  was  vain  and  frivolous;  after  it  had 
passed  into  an  established,  perfect  act  of  Parliament.  What  shall 
we  call  the  behaviour  of  that  man  who  basely  deserts  his  post  in 
the  constitution,  who  refuses  to  do  his  duty  in  the  time  of  (what  he 
calls)  danger,  who  leaves  every  thing  to  the  mercy  of  (those  whom 
he  calls)  enemies;  and,  when  (what  he  calls)  the  tyranny  is  per 
haps  irreparably  established,  sits  down  to  describe  to  a  parcel  of 
Bristol  electors  (what  he  calls)  their  distressful  situation." 

13  26.    those   gentlemen.     Fox,  Dunning,  and  others. 

14  21.    Mr.  Hume.     David  Hume,    (1711-1776),  a  philoso 
pher  and  historian,  was  the  author  of  the  Treatise  of  Human 
Nature,  the  Enquiry  Concerning  Principles  of  Morals,  and  the 
History  of  England.     He  endeavoured  to  introduce  the  experi 
mental   method   of   reasoning   into   moral   subjects. 

15  30.     the  bond  of  charity.     "  Put  on  charity,  which  is 
the  bond   of  perfectness."     Colossians,    III.    14. 

16  21.     the  hireling   sword  of   German  boors.    "  The 


68  NOTES. 

conduct  of  England  in  hiring  German  mercenaries  to  subdue 
the  essentially  English  population  beyond  the  Atlantic,  made 
reconciliation  hopeless  and  the  Declaration  of  Independence 
inevitable.  It  was  idle  for  the  Americans  to  have  any  further 
scruples  about  calling  in  foreigners  to  assist  them  when  Eng 
land  had  herself  set  the  example.  It  was  necessary  that  they 
should  do  so  if  they  were  successfully  to  resist  the  powerful 
reinforcement  which  was  thus  brought  against  them."  Lecky's 
History  of  England  in  18th  Century,  IV.  244.  See  also 
note  on  29  2.  Notice  how  frequently  Burke  refers  to  the 
Germans  in  terms  of  disrespect:  17  27,  20  4,  21  3,  27  29. 

16  29.  complimentary  addresses.  In  the  summer  of 
1775  many  loyal  addresses  from  such  communities  as  Man 
chester  and  Dublin,  were  presented,  calling-  upon  the  Crown 
to  suppress  the  rebels  and  reflecting  with  severity  upon  their 
aiders  and  abettors  in  the  British  Parliament.  In  the  Address 
to  the  British  Colonists  in  North  America,  Burke  said :  "  We 
admit,  indeed,  that  violent  addresses  have  been  procured  with 
uncommon  pains  by  wicked  and  designing  men,  purporting  to 
be  the  genuine  voice  of  the  whole  people  of  England, —  that 
they  have  been  published  by  authority  here,  and  made  known 
to  you  by  proclamations,  in  order,  by  despair  and  resentment, 
incurably  to  poison  your  minds  against  the  origin  of  your 
race,  and  to  render  all  cordial  reconciliation  between  us  utterly 
impracticable.  .  .  .  We  are  persuaded  that  even  many  of 
those  who  unadvisedly  have  put  their  hands  to  such  intemperate 
and  inflammatory  addresses  have  not  at  all  apprehended  to 
what  such  proceedings  naturally  lead,  and  would  sooner  die 
than  afford  them  the  least  countenance,  if  they  were  sensible  of 
their  fatal  effects  on  the  union  and  liberty  of  the  empire." 
Works,  VI.  184,  185.  Burke  was  especially  indignant  at 
the  address  from  the  University  of  Oxford.  He  declared  that 
"  the  heads  of  an  University  ought  by  no  means  to  instil  polit 
ical  principles  into  the  minds  of  those  [the  students]  who  were 
not  sufficiently  matured,  who  knew  too  little  of  the  world  to 
be  able  to  judge  of  their  propriety,  and  to  distinguish  between 
sound  policy  and  destructive  expedients.  Every  man  must  feel 
the  violent  error  of  such  conduct;  he  had  himself  a  son  at  the 
University,  and  he  could  not  approve  of  that  son's  being  told 


NOTES.  69 

by  grave  men  that  his  father  was  an  abettor  of  rebels." 
Parliamentary  Debates,  xviii.  854.  , 

17  s.  the  court  gazettes.  The  official  publication  of  the 
government,  issued  twice  a  week,  containing  lists  of  government 
appointments  and  promotions,  names  of  bankrupts,  and  other 
public  notices.  See  also  24  3,  25  28. 

17  12.  the  White  Plains.  Colonel  Raille,  or  Rahl,  or 
Rail,  commanded  a  regiment  of  Hessians  at  the  Battle  of  White 
Plains,  28  Oct.  1776.  As  a  reward  for  this,  he  received  a 
brigade  with  headquarters  at  Trenton.  Owing  to  his  careless 
ness  and  conceit,  Raille  lost  his  life  and  his  regiment  sur 
rendered  at  the  Battle  of  Trenton,  26  Dec.  1776. 

17  14.    Fort    Kniphausen.    Baron    Wilhelm    von    Knyp- 
hausen  was  Lieutenant-General  and  Commander-in-Chief  of  the 
Hessians,  and  on   16  Nov.   1776  he  received  the  surrender  of 
Fort  Washington,  which  was  then  renamed  after  him.     2,600 
Americans  surrendered,  and  149  had  been  killed;  the  English 
loss  was  500  and  the  German  350.     "  This  capture  of  the  garri 
son  of  Fort  Washington  was  one  of  the  most  crushing  blows 
that  befell  the  American  arms  during  the  whole  course  of  the 
war.     Washington's  campaign  seemed  now  likely  to  be  converted 
into  a  mere  flight,  and  a  terrible  gloom  overspread  the  whole 
country."      Fiske's  American  Revolution,  I.  221.      It  necessitated 
Washington's  retreat  through  New  Jersey  to  Pennsylvania. 

18  13.     with   regard  to   foreign   powers.    The  Annual 
Register,  1776,  p.  *  182,  says :    "  France  and  Spain  have  opened 
their  ports,  with  the  greatest  apparent  friendship  to  the  Amer 
icans,  and  treat  them  in  every  respect  as  an  independent  peo 
ple.     The  remonstrances  of  the  British  ministers  have  availed 
but  little.     .     .     .     The  American  privateers  have  been  openly 
received,    protected,    and    cherished,    and    the    rich    prizes    they 
have  taken  from  the  British  merchants,  rather  publicly  sold  in 
the  French  ports,  both  in  Europe  and  the  colonies.     Artillery 
and    military    stores    of    all    kinds    have    been    likewise    sent. 
.     .     .     In  a  word,  all  the  nations  who  possess  colonies  in  Am 
erica,  were  eager  to  partake  of  the  new  and  unexpected  com 
merce  which  was  now  opened ;   and  all,   excepting  the  Portu 
guese,  who,  much  against  their  inclination,  have  been  restrained 
through  our  influence  at  that  court,  still  continue  most  sedu 
lously  to  profit  of  the  opportunity." 


70  NOTES. 

18  25.    their  stock.     In  Reflections  on  the  Revolution  m 
France,  Burke  says :     "  We  are  afraid  to  put  men  to  live  and 
trade  each  on  his  own  stock  of  reason ;  because  we  suspect  that 
the  stock  in  each  man  is  small,  and  that  the  individuals  would 
do  better  to  avail  themselves  of  the  general  bank  and  capital  of 
nations  and  of  ages."     Works,  III.  346. 

19  30.     the    addressers.    Those    who    present    complimen 
tary  addresses  to  the  King  in  praise  and  support  of  his  policy. 
See  note  on  16  29. 

20  10.     the  cowardice  of  the  Americans.    On  16  May, 
1775  (one  month  after  the  battle  of  Concord,  one  month  before 
the  battle  of  Bunker  Hill),  in  a  debate  in  the  House  of  Com 
mons,  Lord  Sandwich  said :     "  Suppose  the  colonies  do  abound 
in  men,   what  does  that  signify?  they  are  raw,   undisciplined, 
cowardly  men.     I  wish  instead  of  40  or  50,000  of  these  brave 
fellows,  they  would  produce  in  the  field  at  least  200,000,  the 
more  the  better,  the  easier  would  be  the  conquest ;  if  they  did 
not  run  away,  they  would  starve  themselves   into  compliance 
with    our    measures.     .     .     .     The    very    sound    of    a    cannon 
would    carry    them    off    ...     as    fast    as    their    feet   could 
carry  them."     Later  he  refers  to  them  as  "  egregious  cowards." 
Parliamentary  Delates,  XVIII.  446. 

21  21.    any    revenue    from    America.    The    Townshend 
duties  of  1767  yielded  a  net  revenue  of  £295  for  the  first  year, 
while  the  extraordinary  military  expenses  in  the  colonies  for 
the   same   period    were   £170,000.     See   Hildreth's   History    of 
United  States,  II.  553. 

24  3.  the  court  gazette.  The  gazette  of  23  August  1775 
contained  a  proclamation  for  suppressing  rebellion  and  sedition : 

That,  whereas  many  subjects  in  divers  parts  of  the  American 
colonies  have  at  length  proceeded  to  open  and  avowed  rebellion; 
and  whereas  there  is  reason  to  apprehend  that  such  rebellion  hath 
been  much  promoted  by  the  traitorous  correspondence,  counsels,  and 
comfort,  of  divers  wicked  and  desperate  persons  within  this  realm; 
to  the  end,  therefore,  that  none  may  through  ignorance  neglect 
or  violate  their  duty,  it  is  declared,  that  not  only  all  officers,  civil 
and  military,  are  obliged  to  exert  their  utmost  endeavours  to  sup 
press  such  rebellion,  and  bring  the  traitors  to  justice,  but  that  every 
subject  within  this  realm,  and  the  dominions  thereunto  belonging, 
are  bound  by  law  to  be  aiding  and  assisting  in  the  suppression  of 
the  same,  and  in  disclosing  all  traitorous  conspiracies  and  attempts 
against  the  King,  his  Crown,  and  dignity.  And  all  such  subjects 
are  charged  to  transmit  to  one  of  his  Majesty's  principal  Secretaries 


NOTES.  71 

of  State,  or  other  proper  officer,  due  and  full  information  of  all  per 
sons  who  shall  in  any  manner  be  found  aiding  and  abetting  the 
persons  now  in  open  arms  and  rebellion  against  Government,  etc. 
Gentleman's  Magazine,  XLV.  405. 

24  13.    the   celebrated   pamphlet.    "  In  January,    1776, 
Thomas  Paine  published  his  pamphlet,  Common  Sense,  on  the 
suggestion  of  Benjamin  Rush,  and  with  the  approval  of  Frank 
lin  and  of  Samuel  Adams."     It  contained  "  a  sensible  and  strik 
ing  statement  of  the  practical  state  of  the  case  between  Great 
Britain    and    the    colonies.     The    reasons    were    shrewdly    and 
vividly  set   forth   for   looking   upon   reconciliation   as   hopeless, 
and   for  seizing  the  present  moment   to   declare   to  the  world 
what  the  logic  of  events  was  already  fast  making  an  accom 
plished   fact."     Fiske's   American   Revolution,  I.   174.     In   one 
place    Paine    said :     "  Neither    can    ye    reconcile    Britain    and 
America.     The  last  cord  now  is  broken;  the  people  of  England 
are  presenting  addresses  against  us.     There  are  injuries  which 
Nature  cannot  forgive  —  she  would  cease  to  be  Nature  if  she 
did."    More  than  120,000  copies  of  Common  Sense  were  sold 
in  three  months.     Later,   during  the  war,   Paine  wrote  many 
pamphlets,   called   The   Crises,   to  keep    up    the   spirits   of   the 
colonists.     The  boast  was  made  that  Paine's  pen  had  been  as 
efficient  as  Washington's  sword.     Paine,   (1737-1809),  was  an 
Englishman  by  birth  and  had  come  to  America  on  the  advice 
of  Franklin  in  1774.     After  serving  in  the  Continental  army 
and  in  minor  positions  in  the  government,  he  went  to  France 
in  1790,  where  he  took  up  the  cause  of  the  French  Revolution 
ists  with  as  much  zeal  as   he  had  shown  for   the  American 
colonists.     He  wrote  the  Rights  of  Man,  a  reply  to  Burke's 
Reflections  on  the  Revolution  in  France,  and  the  Age  of  Reason. 

25  24.    Lord  Howe  and  General  Howe.    Richard  Earl 
Howe,  (1726-1799),  and  his  brother,  Sir  William  Howe,  (1729- 
1814),  were  on  6  May  1776  appointed  commissioners  of  peace 
to  the  colonies,  according  to  a  clause  of  the  Prohibitory  Bill. 
Lord  Howe  first  attempted  to  communicate  with  Washington, 
but  Washington   refused  to   receive  the  letter   because   it  was 
addressed  to  him  as  a  private  citizen,  without  his  official  titles. 
"  Lord  Howe  next  inclosed  his  declaration  in  a  circular  letter 
addressed  to  the  royal  governors  of  the  middle  and  southern 


72  NOTES. 

provinces ;  but  as  most  of  these  dignitaries  were  either  in  jail 
or  on  board  the  British  fleet,  not  much  was  to  be  expected 
from  such  a  mode  of  publication.  The  precious  document  was 
captured  and  sent  to  Congress,  which  derisively  published  it 
for  the  amusement  and  instruction  of  the  people.  It  was  every 
where  greeted  with  jeers.  .  .  .  The  only  serious  effect 
produced  was  the  weakening  of  the  loyalist  party.  Many  who 
had  thus  far  been  held  back  by  the  hope  that  Lord  Howe's 
intercession  might  settle  all  the  difficulties  now  came  forward 
as  warm  supporters  of  independence  as  soon  as  it  became  ap 
parent  that  the  king  had  really  nothing  to  offer."  Fiske's 
American  Revolution,  I.  204.  They  did  not  have  the  power 
to  make  any  agreement  with  the  colonists  upon  the  subjects 
in  dispute.  Practically  their  only  power  was  to  grant  pardons 
to  colonists  who  asked  for  them,  as  many  did  in  the  disastrous 
fall  and  winter  of  1776. 

26  s.  Mr.  Tryon.  William  Tryon,  (1725-1788),  as  gover 
nor  of  North  Carolina  in  1771  defeated  the  "  Regulators,"  who 
had  rebelled  against  the  excessive  taxes.  For  this  he  was  pro 
moted  to  be  governor  of  New  York.  Here  he  made  a  great  deal 
of  money  in  buying  land  for  foreign  noblemen;  in  one  summer 
his  commissions  amounted  to  £22,000.  From  October,  1775,  to 
September,  1776,  to  avoid  being  captured  by  the  colonists,  he 
lived  on  board  British  vessels  in  New  York  harbour.  In  June, 
1779,  he  led  a  plundering  expedition  into  Connecticut  and  de 
stroyed  the  library  of  Yale  College. 

26  13.    The  trade   of   America.    "  A   clause  in   the   late 
prohibitory  act,  which  enabled  the  admiralty  to  grant  licences 
to  vessels  for  conveying  stores  and  provisions  to  the  forces  upon 
the  American  service,  had  been  made  use  of  to  countenance  a 
trade  in  individuals  who  were  favoured,  by  which,  it  was  said, 
that  a  monopoly  was  formed,  and  the  American  trade  was  trans 
ferred  from  the  ancient  merchants,  and  known  traders,  to  a  few 
obscure  persons  of  no  account  or  condition;  and  an  illicit  com 
merce  established  under  the  sanction  of  that  bill,  which  was 
utterly   subversive   of  one  of   its  principal   apparent   objects." 
Annual  Register,  1776,  p.  142*,   (quoted  by  Selby). 

27  17.    as  easy  in  the  control.    "  Those  who  supported 
the  American  policy  of  the  government  not  only  supplied  them 


NOTES.  73 

with  large  sums  of  money,  but  left  them  free  to  expend  it  as 
they  pleased.  The  House  of  Commons  ought  to  see  that  money 
voted  for  a  certain  purpose  is  properly  expended.  Frequent 
complaints  were  made  by  the  Opposition  of  the  neglect  of  the 
government  to  present  proper  accounts  to  the  House."  (Selby.) 

28  2.  the  savage  Indians.  Both  the  colonists  and  the 
English  had  employed  Indians  as  allies,  but  the  great  majority 
of  the  Indians  joined  the  English  army  because  the  English 
government  had  protected  them  against  the  rapacity  and  vio 
lence  of  the  colonists.  In  May,  1776,  the  Congress  resolved 
that  "  it  is  highly  expedient  to  engage  the  Indians  in  the 
service  of  the  United  Colonies ;"  and  in  July  Washington  had 
written  to  the  General  Court  of  Massachusetts,  begging  them 
to  enlist  500  or  600  Indians  for  his  own  army.  One  year 
later  General  Burgoyne  employed  a  number  of  Indians,  but 
warned  them  not  to  be  cruel.  On  6  Feb.  1778  Burke  spoke  in 
the  House  of  Commons  of  their  cruelty  and  Burgoyne's  inef 
fectual  warning,  saying :  "  Let  us  state  this  Christian  exhorta 
tion  and  Christian  injunction  by  a  more  family  picture.  Sup 
pose  there  was  a  riot  on  Tower  Hill,  what  would  the  Keeper  of 
his  Majesty's  Lions  do?  Would  he  not  fling  open  the  dens  of  the 
wild  beasts,  and  then  address  them  thus?  *  My  gentle  lions,  my 
humane  bears,  my  sentimental  wolves,  my  tender-hearted 
hyenas,  go  forth;  but  I  exhort  you,  as  ye  are  Christians  and 
members  of  a  civilised  society,  to  take  care  not  to  hurt  man, 
woman,  or  child.'  "  Horace  Walpole  wrote  to  his  friend  Mason : 
"  I  wish  I  could  give  you  an  idea  of  that  superlative  oration. 
He  was  pressed  to  print  it,  but  says  he  has  not  time  during  the 
session.  .  .  .  Governor  Johnstone  said  he  rejoiced  there 
were  no  strangers  in  the  gallery,  as  Burke's  speech  would  have 
excited  them  to  tear  the  ministers  to  pieces  as  they  went  out 
of  the  House;  the  ministers  are  much  more  afraid  of  losing 
their  places."  Letters  of  Horace  Walpole,  VII.  29-30. 

28  8.  boasting  of  unanimity.  At  the  opening  of  Par 
liament,  31  Oct.  1776,  the  King  said,  after  announcing  the 
open  rebellion  of  the  American  colonies :  "  One  great  advantage, 
however,  will  be  derived  from  the  object  of  the  rebels  being 
openly  avowed,  and  clearly  understood ;  we  shall  have  unanimity 
at  home,  founded  on  the  general  conviction  of  the  justice  and 


74  NOTES. 

necessity  of  our  measures."  The  English  people  were  far 
from  unanimous  in  support  of  the  war.  "  The  House  of  Com 
mons,  at  the  last,  with  the  warm  and  very  general  approbation 
of  the  country,  put  a  stop  to  hostilities,  and  recognised  the  in 
dependence  of  America.  The  British  nation  had  been  tried 
in  the  fire  before  then,  and  has  been  tried  since;  and  it  has 
never  been  the  national  custom  to  back  out  of  a  just  quarrel 
for  no  other  reason  than  because  Britain,  at  a  given  moment, 
was  getting  the  worst  of  it.  In  1782  our  people  solemnly  and 
deliberately  abandoned  the  attempt  to  reconquer  America  on 
the  ground  that  it  was  both  wrong  and  foolish;  and  that  fact, 
to  the  mind  of  everyone  who  holds  the  British  character  in 
esteem,  affords  an  irresistible  proof  that  a  very  large  section 
of  the  people  must  all  along  have  been  fully  persuaded  that  the 
coercion  of  our  colonists  by  arms  was  neither  wise  nor 
righteous."  Trevelyan's  American  Revolution,  Part  II.  Vol.  II. 
164-179.  See  also  31  26. 

28  21.     a  formed   American  party.    In  the  Address  to 
the   British   Colonists,   Burke  said :    "  Do  not   think   that   the 
whole,   or  even  the  uninfluenced   majority,   of   Englishmen   in 
this  island  are  enemies  to  their  own  blood  on  the  American 
continent.     Much   delusion   has   been   practised,   much   corrupt 
influence  treacherously  employed.     But  still  a   large,  and  we 
trust  the  largest  and  soundest,  part  of  this  kingdom  perseveres 
in  the  most  perfect  unity  of  sentiments,  principles,  and  affec 
tions  with  you."     Works,  VI.  184. 

29  2.     in  the  arms  of  France.    When  the  English  called 
in  the  aid  of  German  mercenaries,  the  colonies  determined  to 
seek   foreign   aid  also.     This  was  found  in  France,  England's 
old  enemy,  who  desired  to  avenge  herself  for  the  loss  of  Canada. 
In  the  fall  of  1776,  Congress  sent  Benjamin  Franklin  and  two 
other  commissioners  to  France,  who  induced  her  to  contribute 
about    $500,000    and   many   military   supplies   to   the   colonies. 
Later  many  Frenchmen,  such  as  the  young  Marquis  of  Lafay 
ette,  came  to  America  as  volunteers.     In  the  spring  of  1778,  the 
French  made  a  treaty  with  Congress,  "  to  acknowledge  and  sup 
port  her  independence,  and  to  seek  no  advantage  for  themselves 
except   a  participation   in   American   commerce   and   the  great 
political  end  of  severing  the  colonies  from  the  British  empire. 


NOTES.  75 

The  sole  condition  exacted  was  that  the  Americans  should  make 
no  peace  with  England  which  did  not  involve  a  recognition  of 
their  independence."  Lecky,  IV.  434. 

3O  12.  General  rebellions.  In  Thoughts  on  the  Cause 
of  the  Present  Discontents,  Burke  says :  "  I  am  not  one  of 
those  who  think  that  the  people  are  never  in  the  wrong.  They 
have  been  so,  frequently  and  outrageously,  both  in  other  coun 
tries  and  in  this.  But  I  do  say,  that  in  all  disputes  between 
them  and  their  rulers,  the  presumption  is  at  least  upon  a  par 
in  favour  of  the  people.  .  .  .  When  popular  discontents 
have  been  very  prevalent,  it  may  well  be  affirmed  and  supported, 
that  there  has  been  generally  something  found  amiss  in  the 
constitution,  or  in  the  conduct  of  government.  The  people  have 
no  interest  in  disorder.  When  they  do  wrong,  it  is  their  error, 
and  not  their  crime.  But  with  the  governing  part  of  the  state, 
it  is  far  otherwise.  They  certainly  may  act  ill  by  design,  as 
well  as  by  mistake."  Burke's  Works,  I.  440.  Burke  seemed 
to  forget  this  truth  a  few  years  later,  wThen  he  came  to  deal 
with  the  French  Revolution.  (Perry.) 

30  15.     the  encouragement  of  rebellion.    See  note  on 
24  3  and  16  29. 

31  14.     earnest  supplications,  etc.    In  1765  the  Stamp 
Act  Congress  presented  a  petition  to  Parliament.     In  October, 
1774,    the    Continental    Congress   presented   a   petition    to   the 
King,  and   one  year  later  a  second   petition,   full   of  earnest 
supplications: 

We  beseech  your  Majesty  to  direct  some  mode  by  which  th« 
united  applications  of  your  faithful  colonists  to  the  throne,  in  pur 
suance  of  their  common  councils,  may  be  improved  into  a  happy 
and  permanent  reconciliation;  and  that,  in  the  meantime,  measures 
may  be  taken  for  preventing  the  further  destruction  of  the  lives 
of  your  Majesty's  subjects,  and  that  such  statutes  as  more  imme 
diately  distress  any  of  your  Majesty's  colonies  may  be  repealed. 

Commerce  was  suspended  by  the  non-importation  agreements 
of  1768,  which  in  one  year  reduced  the  imports  from  £2,378,000 
to  £1,634,000,  and  by  the  resolution  of  Congress  not  to  import 
anything  from  Great  Britain  after  1.  Dec.  1774. 

32  12.     driven  by  the  popular  voice.    In  1739  Walpole 
was  forced  to  yield  to  the  popular  demand  for  war  with  Spain. 

32    1 8.     the  Dutch   war.    In   1664   England   had  gone  to 


76  NOTES. 

war  with  Holland  for  violation  of  commercial  agreements.  At 
first  the  Dutch  were  successful,  aided  by  the  Plague  of  1665 
and  the  Great  Fire  of  1666.  The  growing  power  of  France  led 
to  the  ending  of  the  war,  and  the  formation  of  the  Triple  Al 
liance  of  England,  Holland,  and  Sweden.  But  in  1672  England 
and  France  both  attacked  Holland,  which  was  saved  only  by  the 
leadership  of  William,  Prince  of  Orange,  afterwards  William 
III.  of  England.  Charles  II.  made  peace  in  1674,  chiefly  be 
cause  the  people  had  begun  to  suspect  that  he  was  a  Roman 
Catholic,  and  because  Holland  was  looked  upon  as  the  strong 
hold  of  Protestantism.  See  J.  R.  Green's  Short  History  of 
England,  chap.  ix. 

32  26.    massacre  at  Amboyna.     In  1673,  with  the  avowed 
intention  of  exasperating  the  nation  against  the  Dutch,  Dryden 
wrote  a  play   on   the  massacre  at  Amboyna,   a    small   island 
of  the  East   Indies,   where  in  1622   ten   English   traders   had 
been  tortured  to  death  by  the  Dutch  garrison. 

33  6.     the  last  summer  assizes.    Assizes  are  the  sessions 
of  court  held  in  each  county  of  England,  twice  a  year  for  the 
trial  of  civil  cases  and  four  times  for  criminal  cases.     Burke 
visited  his  friend  Richard  Champion  in  Bristol  on  August  22 
and  23,  1776. 

33  21.     to   evacuate  Boston.    On  the  night  of  4  March 
1776,  under  cover  of  cannonading,   Washington  captured  Dor 
chester    Heights,    overlooking    Boston.     This    forced    General 
Howe  to  remove  his  8,000  troops   from  Boston  on  17  March 
and  to  sail  for  Halifax.     "  In  taking  possession  of  the  town, 
Washington  captured  more  than  two  hundred  serviceable  can 
non,  ten  times  more  powder  and  ball  than  his  army  had  ever 
seen  before,  and  an  immense  quantity  of  muskets,  gun-carriages, 
and  military  stores  of  every  sort.     Thus  was  New  England  set 
free  by   a  single  brilliant   stroke,   with   very   slight   injury   to 
private  property,  and  with  a  total  loss  of  not  more  than  twenty 
lives."     Fiske's  American  Revolution,  I.  172. 

34  4.     in  the  same  gazette.    In  the  fall  of  1776,  Burke 
prepared  an  amendment  to  the  address  of  the  House  of  Com 
mons  to  the  King,  but  it  was  never  presented.     In  it  he  said : 

The  commissioners  sent  into  America  for  the  pretended  purpose 
of   making  peace,    were   furnished   with   no   other  legal  powers   but 


NOTES.  7T 


that  of  giving  or  withholding  pardons  at  their  pleasure,  and  for  re 
laxing  the  severities  of  a  single  penal  act  of  Parliament,  leaving 
the  whole  foundation  of  this  unhappy  controversy  as  it  stood  in  the 
beginning.  ...  In  addition  to  this  neglect,  solely  owing  to  the 
representation  of  his  ministers,  in  direct  violation  of  public  faith 
held  out  from  the  throne  itself,  when,  in  the  beginning  of  last  session, 
his  Majesty  in  his  gracious  speech  to  both  Houses  of  Parliament, 
declared  his  resolution  of  sending  out  commissioners  for  the  pur 
pose  therein  expressed,  as  speedily  as  possible,  no  such  commission 
ers  were  sent  until  near  seven  months  afterwards,  and  until  the 
nation  was  alarmed  by  the  evacuation  of  the  only  town  (Boston) 
then  held  for  his  Majesty  in  the  thirteen  united  colonies.  By  thia 
intentional  delay,  acts  of  the  most  critical  nature,  the  effect  of 
which  must  as  much  depend  on  the  power  of  immediately  relaxing 
them  on  submission,  as  in  enforcing  them  in  obedience,  had  only 
an  operation  to  inflame  and  exasperate.  But  if  any  colony,  town, 
or  place,  had  been  induced  to  submit,  by  the  operation  of  the  ter 
rors  of  these  acts,  there  were  none  on  the  place  of  power  to  restore 
the  people  so  submitting  to  the  common  rights  of  subjection.  The 
inhabitants  of  the  colonies,  therefore,  apprised  that  they  were  put 
out  of  the  protection  of  government,  and  seeing  no  means  provided 
for  their  entering  into  it,  were  furnished  with  reasons  but  too 
colourable,  for  breaking  off  their  dependency  on  the  crown  of  this 
Kingdom.  Burke's  Correspondence,  II.  123. 

34  7.  several  months  after  an  act.  The  Prohibitory 
Bill  was  approved  by  the  King  on  22  Dec.  1775,  but  Lord 
Howe  and  General  Howe  were  not  appointed  commissioners 
until  6  May,  1776. 

34  24.    There  was  a  moment.    After  the  capture  of  New 
York  by  General  Howe  on  15  Sept.  1776.     Little  was  done  for 
two  months  until  Fort  Washington  was  taken  on  16  November. 

35  24.     npon    speculative    grounds.    In    his    speech    on 
American  Taxation,  Burke  said  :     "  I  am  not  here  going  into  the 
distinctions  of  rights,  not  attempting  to  mark  their  boundaries. 
I  do  not  enter  into  these  metaphysical  distinctions ;  I  hate  the 
very  sound  of  them.     Leave  the  Americans  as  they  anciently 
stood,  and  these  distinctions,  born  of  our  unhappy  contest,  will 
die  along  with  it."     Works,  II.  73. 

36  29.    this    authority    perfect.    Although    Burke    had 
voted  to  repeal  the  Stamp  Act,  he  had  voted  in  favour  of  the 
Declaratory  Act  (6  Geo.  III.  12)   which  declared: 

The  colonies  and  plantations  in  America  have  been,  are,  and 
of  right  ought  to  be,  subordinate  unto,  and  dependent  upon,  the 
imperial  Crown  and  Parliament  of  Great  Britian;  and  the 
King's  Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons  of  Great  Britain,  in  Parlia 
ment  assembled,  had,  hath,  and  of  right  ought  to  have,  full  power 
and  authority  to  make  laws  and  statutes  of  sufficient  force  and 


78  NOTES. 

validity   to   bind   the   colonies   and   people    of   America,    subjects   of 
the  Crown  of   Great  Britain,  in  all  cases  whatsoever. 

38  2.  the  High  Commission  Court,  and  the  Star 
Chamber.  In  1583,  Queen  Elizabeth,  by  the  authority  of  the 
Act  of  Supremacy,  appointed  the  High  Commission  Court  to 
punish  all  violations  of  laws  concerning  religion,  especially 
among  the  Puritans.  It  gradually  usurped  almost  despotic 
powers  of  imposing  fines  and  imprisonments.  The  Court  of 
Star  Chamber  (so-called  because  it  met  in  the  Star  Chamber 
of  Westminster)  was  formally  constituted  by  Henry  VII.  in 
1487.  Its  jurisdiction  extended  legally  over  riots,  perjury,  mis 
behaviour  of  sheriffs,  and  other  notorious  misdemeanours,  con 
trary  to  the  law  of  the  land.  This  was  afterwards  stretched 
"  to  the  asserting  of  all  proclamations,  and  orders  of  state ;  to 
the  yindicating  of  illegal  commissions,  and  grants  of  monopolies; 
holding  for  honourable  that  which  pleased,  and  for  just  that 
which  profited,  and  becoming  both  a  court  of  law  to  determine 
civil  rights,  and  a  court  of  revenue  to  enrich  the  treasury;  the 
council  table  by  proclamations  enjoining  to  the  people  that 
which  was  not  enjoined  by  the  laws,  and  prohibiting  that  which 
was  not  prohibited;  and  the  Star-Chamber,  which  consisted  of 
the  same  persons  in  different  rooms,  censuring  the  breach  and 
disobedience  to  those  proclamations  by  very  great  fines,  impris 
onments,  and  corporal  severities ;  so  that  any  disrespect  to  any 
acts  of  state,  or  to  the  persons  of  statesmen,  was  in  no  time  more 
penal,  and  the  foundations  of  right  never  more  in  danger  to  be 
destroyed."  See  Blackstone's  Commentaries,  IV.  266.  Both 
courts  were  abolished  by  the  Long  Parliament  in  1641  (16  Car. 
I.  10)  "  to  the  general  joy  of  the  whole  nation." 

38  10.  the  established  religion.  In  1535,  the  Act  of 
Supremacy  declared  the  King,  and  not  the  Pope,  the  supreme 
head  of  the  Church  of  England.  The  mode  of  worship  was 
altered  by  the  Six  Articles  in  1539  and  by  the  Act  of  Uniformity 
in  1549.  Roman  Catholicism  was  restored  by  Mary  in  1553. 
But  in  1559  Elizabeth  declared  the  Church  of  England  inde 
pendent,  and  four  years  later  the  Thirty-Nine  Articles  were 
adopted  as  the  fundamental  doctrines  of  the  English  Church. 
In  1687,  James  II.  made  an  unsuccessful  attempt  to  restore 
Roman  Catholicism  by  a  Declaration  of  Indulgence,  which  sus- 


NOTES.  79 

pended  all  laws  against  Roman  Catholics  and  Dissenters  a-like 
and  gave  permission  to  both  to  worship  publicly. 

38  1 8.  to  follow,  not  to  force.  "  In  all  bodies,  those 
who  will  lead  must  also,  in  a  considerable  degree,  follow. 
They  must  conform  their  propositions  to  the  taste,  talent,  and 
disposition  of  those  whom  they  wish  to  conduct."  Reflections 
on  the  Revolution  m  France,  Burke's  Works,  III.  284. 

38  25.     the    king's    negative  to   bills.    Three   centuries 
ago  English  sovereigns  frequently  exercised  their  right  of  veto 
ing  acts  which  both  Houses  of  Parliament  had  passed ;  Queen 
Elizabeth  vetoed  48  of  the  91  acts  presented  to  her  during  one 
session.     But  the  right  has  not  been  exercised  since  1708  when 
Queen  Anne  vetoed  the  act  for  settling  the  militia  of  Scotland. 
See  Atlantic  Monthly,  Dec.  1903.       In   fact,  Walter  Bagehot, 
in  his  essay  on  the  English  Constitution,  says :  "  Queen  Victoria 
must  sign  her  own  death-warrant,  if  both  Houses  present  it  for 
her  signature."     In  England  the  sovereign's  veto  abolishes  the 
act,  but  in  the  United  States,  an  act  may  be  made  a  law,  despite 
the  President's  veto,  by  a  two-thirds  vote  of  Congress. 

39  9.     the   Convocation   of   the   Clergy.    Formerly   the 
affairs  of  the  Church  were  controlled  by  the  Convocations  of 
Canterbury  and  of  York.     The  more  important,  that  of  Canter 
bury,  was  modelled  on  the  Houses  of  Parliament,  with  an  up 
per  house  of  22  bishops,  and  a  lower  house  of  143  clergymen. 
In   1531   it  granted  £100,000  to   Henry   VIII.,   who,   in  turn, 
gave   free  pardon   to  all   clergymen   for  spiritual   offences.     It 
approved  the  Act  of  Supremacy  and  confirmed  the  Articles  of 
Faith.     Until  1665,  clergymen  were  exempt  from  all  taxation, 
except  that  imposed  by  the  Convocation.     From  1717  to  1852 
the  Convocations  were  not  permitted  to  meet  even  for  discussion ; 
but  since  then  they  have  met  in  annual  sessions,  which  how 
ever  are  of  purely  domestic  interest,  for  their  conclusions  have 
no  authority  save  in  foro  conscientiw. 

39  20.  prudence.  In  An  Appeal  from  the  New  to  the  Old 
Whigs,  Burke  said :  "  Nothing  universally  can  be  rationally 
affirmed  on  any  moral  or  any  political  subject.  Pure  meta 
physical  abstraction  does  not  belong  to  these  matters.  The 
lines  of  morality  are  not  like  the  ideal  lines  of  mathematics. 
They  are  broad  and  deep  as  well  as  long.  They  admit  of  ex- 


80  NOTES. 

ceptions;  they  demand  modifications.  These  exceptions  and 
modifications  are  not  made  by  the  process  of  logic,  but  by  the 
rules  of  prudence.  Prudence  is  not  only  the  first  in  rank  of 
the  virtues  political  and  moral,  but  she  is  the  director,  the 
regulator,  the  standard  of  them  all.  Metaphysics  cannot  live 
without  definition ;  but  Prudence  is  cautious  how  she  defines." 
Works,  IV.  81. 

4O  2.  the  divine  Providence.  In  his  speech  on  Mr. 
Fox's  East  India  Bill  (1783),  Burke  says:  "All  these  circum 
stances  (ignorance  of  the  language,  customs,  etc.)  are  not,  I 
confess,  very  favourable  to  the  idea  of  our  attempting  to  govern 
India  at  all.  But  there  we  are ;  there  we  are  placed  by  the 
Sovereign  Disposer;  and  we  must  do  the  best  we  can  in  our 
situation.  The  situation  of  man  is  the  preceptor  of  his  duty." 
Works,  II.  465. 

4O  4.  concerning  the  unity  of  empire,  etc.  In  his 
speech  on  Conciliation  with  the  Colonies  (1775),  Burke  said: 
"  It  is  said,  indeed,  that  this  power  of  granting  (taxes),  vested 
in  American  assemblies,  would  dissolve  the  unity  of  the  empire, 
—  which  was  preserved  entire,  although  Wales,  and  Chester, 
and  Durham  were  added  to  it  ...  The  very  idea  of 
subordination  of  parts  excludes  this  notion  of  simple  and  un 
divided  unity.  England  is  the  head ;  but  she  is  not  the  head  and 
the  members  too."  Works,  II.  170.  Lord  Chatham  argued  that 
the  right  to  legislate  does  not  include  the  right  to  tax. 

4O  12.  the  Cutchery  court.  In  British  India,  a  court 
of  justice  or  a  collector's  or  any  public  office. 

4O  15.  government  was  a  practical  thing.  In  Re 
flections  on  the  Revolution  in  France,  Burke  said :  "  Govern 
ment  is  a  contrivance  of  human  wisdom  to  provide  for  human 
wants."  Works,  III.  310. 

40  26.  a  free  government  is  ...  what  the 
people  think  so.  Dr.  Johnson  said :  "  I  will  let  the  King  of 
Prance  govern  me  on  those  conditions,  for  it  is  to  be  governed 
just  as  I  please."  When  a  friend  talked  of  a  girl  being  sent 
to  a  parish  workhouse,  and  asked  how  much  she  could  be 
obliged  to  work,  Dr.  Johnson  replied :  "  Why,  as  much  as  is 
reasonable.  And  what  is  that?  as  much  as  she  thinks  is 


NOTES.  81 

reasonable."     Boswdl's  Johnson,  edited  by  Birkbeck  Hill,  III. 
187. 

41  12.     as  if  it  •were  an  abstract  question.     "  Politics 
ought  to  be  adjusted,  not  to  human  reasonings,  but  to  human 
nature;  of  which  reason  is  but  a  part,  and  by  no  means  the 
greatest  part."     Observations  on  the  Present  State  of  the  Na 
tion,  Burke's  Works,  I.  398. 

42  23.    Liberty  too  must  be  limited.     In  Reflections  on 
the  Revolution  in  France,  Burke  mentions  the  following  limita 
tion  :     "  Society  requires  not  only  that  the  passions  of  individ 
uals  should  be  subjected,  but  that  even  in  the  mass  and  body, 
as  well  as  in  the  individuals,   the  inclinations  of  men  should 
frequently  be  thwarted,  their  will  controlled,  and  their  passions 
brought   into  subjection.     This  can  only  be  done  by  a  power 
out  of  themselves,  and  not,  in  the  exercise  of  its  function,  sub 
ject  to  that  will  and  to  those  passions  which  it  is  its  office  to 
bridle  and  subdue.     In  this  sense  the  restraints  on  men,  as  well 
as    their    liberties,    are    to    be    reckoned    among    their    rights." 
Works,  III.  310. 

43  7.     the     Sabbath      .     .      .    was     made    for     man. 
"  And  he   (Jesus)    said  unto  them,  the  Sabbath  was  made  for 
man,  and  not  man  for  the  Sabbath."    Mark,  II.  27  and  Genesis, 
II.  2-3. 

44  22.     of   full    two    years'    standing.    The   Battle    of 
Lexington  and  Concord,  19  April,  1775,  is  considered  the  out 
break  of  the  war. 

45  1 6.     by   royal   instruction   or   royal   charter.    The 
governments  of  Massachusetts,   Connecticut  and   Rhode  Island 
were  instituted  by  royal  charter ;  the  other  colonies  were  gov 
erned  first  by  their  proprietors  and  later  by  the  King. 

46  17.     these  two  legislatures.    The  English  Parliament 
and  the  Colonial  Assemblies. 

47  21.     the  colonies  fell,  etc.     In  A  Memorial  to  the  In 
habitants  of  the  Colonies,  21  Oct.   1774,  the  Continental  Con 
gress  said:     "After  the  repeal  of  the  Stamp  Act,  having  again 
resigned  ourselves  to  our  ancient  unsuspicious  affections  for  the 
parent  state,  and  anxious  to  avoid  any  controversy  with  her, 
in  hopes  of  a  favourable  alteration  in  sentiments  and  measures 
towards  us,  we  did  not  press  our  objections  against  the  above 
mentioned  statutes  made  subsequent  to  that  repeal." 


&*  NOTES. 

48  2.  a  plan  of  pacification.  The  repeal  of  the  Stamp 
Act,  and  the  Declaratory  Act,  passed  while  Rockingham  was 
Prime  Minister. 

48  20.    those    almost   unanimous    members.    A   rather 
extravagant  expression,  for  the  Journal  of  the  House  of  Com 
mons  says  that  on  4  March  1766  the  Stamp  Act  was  repealed 
by  a  vote  of  250  to  122.     Burke  described  it  as  "  an  event  that 
caused   more   universal    joy   throughout   the   British   dominions 
than  perhaps  any  other  that   can   be   remembered."     Lecky's 
History  of  England,  IV.  94. 

49  i.    not  a  single  murmur.    "  In  America  the  effect  of 
the  news  [of  the  repeal  of  the  Stamp  Act]  was  electric.     There 
were  bonfires  in  every  town,  while  addresses  of  thanks  to  the 
king  were  voted  in  all  the  legislatures.     Little  heed  was  paid 
to    the    Declaratory   Act,    which   was    regarded    merely    as    an 
artifice  for  saving  the  pride  of  the  British  government.     There 
was  a  unanimous  outburst  of  loyalty  all  over  the  country,  and 
never  did  the  people  seem  less  in  a  mood  for  rebellion  than 
now."     Fiske's  American  Revolution,  I.  27. 

49  9.    a    repeal    of    all    the    late    coercive    statutes. 
By  his  resolutions  of  16  Nov.   1766,  to  give  up  the  right  of 
taxation,    which    were    defeated    by    a    vote    of    210    to    105, 
according  to  the  Journal  of  the  House  of  Commons,  or  210 
to   110    as    Burke    says,    5O    8.    See   Annual   Register,    1776, 
pp.  104-109. 

50  27.    a    formal    obligation.      See    INTRODUCTION,    p. 
xxviii. 

51  4.     that  ancient  and  powerful  party.    The  Tories. 

51  16.     virtuous   city.    "The   place  that  Bristol  holds   in 
our  national  history  is  one  of  peculiar  importance,  for  it  was 
for  centuries  the   greatest   purely   trading   town   in   a   century 
that   owes    its    greatness   to    its   trade.     For    centuries    it   was 
second  only  to  London."     Hunt's  Bristol,  p.  1. 

52  13.    a  party  man.     See  INTRODUCTION,  p.  xi. 

52  23.  the  Saviles,  etc.  Sir  George  Savile,  (1726-1784), 
was  member  of  the  House  of  Commons  for  Yorkshire  from 
1759-1783.  He  worked  with  Burke  for  the  American  colonies, 
for  religious  toleration,  and  for  economical  reform.  He  was 
"  a  staunch  Whig  of  unimpeachable  character  and  large  for- 


NOTES.  83 

tune.  He  devoted  the  whole  of  his  time  to  public  affairs,  and 
was  greatly  respected  by  his  contemporaries  for  his  unbending 
integrity,  and  his  unostentatious  benevolence." 

William  Dowdeswell,  (1721-1775),  was  Chancellor  of  Ex 
chequer  under  Rockingham.  In  the  epitaph  which  Burke  wrote 
for  Dowdeswell's  tomb,  he  spoke  of  him  as  "  a  senator  for  twenty 
years,  a  minister  for  one,  a  virtuous  citizen  for  his  whole  life. 
.  .  .  He  understood  beyond  any  man  of  his  time  the  revenues 
of  his  country,  which  he  preferred  to  everything  except  its  liber 
ties.  He  was  a  perfect  master  of  the  law  of  Parliament,  and 
attached  to  its  privileges  until  they  were  set  up  against  the  rights 
of  the  people.  All  the  proceedings  which  have  weakened  Govern 
ment,  endangered  freedom,  and  distracted  the  British  empire, 
were  by  him  strenuously  opposed.  And  his  last  efforts  under 
which  his  health  sunk  were  to  preserve  his  country  from  a 
civil  war;  which  being  unable  to  prevent,  he  had  not  the  mis 
fortune  to  see." 

Charles  W&tson-Wentworth,  second  Marquis  of  Rocking 
ham,  (1730-1782),  was  Prime  Minister  in  1765-176G  and 
secured  the  repeal  of  the  Stamp  Act  and  the  passing  of  the 
Declaratory  Bill.  He  became  Prime  Minister  again  in  1782, 
after  the  fall  of  Lord  North.  Rockingham  "carried  out  a 
steadily  liberal  policy  with  great  good  sense,  a  perfectly  single 
mind,  and  uniform  courtesy  to  opponents.  He  had  the  ad 
vantage  of  following  one  of  the  most  unpopular  ministries,  and 
the  genius  of  Burke,  who  was  his  private  secretary,  and  who 
was  brought  into  Parliament  by  his  influence,  has  cast  a  flood 
of  light  upon  his  administration  and  imparted  a  somewhat 
deceptive  splendour  to  his  memory.  Few  English  statesmen  of 
the  highest  rank  have  been  more  destitute  of  all  superiority  of 
intellect  or  knowledge.  Few  English  ministries  have  been  more 
feeble  than  that  which  he  directed,  yet  it  carried  several  meas 
ures  of  capital  importance."  Lecky's  England  in  the  18th 
Century,  III.  271.  See  also  47  31. 

William  Henry  Cavendish  Bentinck,  third  Duke  of  Portland, 
(1738-1809),  became  Lord  Chamberlain  of  the  Household  and 
member  of  the  Privy  Council  under  Rockingham's  first  ministry 
in  1765,  In  1782  he  was  sent  to  Ireland  as  Lord  Lieutenant. 
After  Rockingham's  death,  Portland  became  the  leader  of  the 


84  NOTES. 

Rockingham  Whigs,  and  Prime  Minister  in  the  famous  Coalition 
Ministry  of  1783,  in  which  Fox  and  Burke  united  with  their  old 
enemy,  Lord  North.  Portland  "  was  not  a  great  speaker,  but  he 
had  exactly  the  character  which  had  enabled  Rockingham  to  hold 
his  party  together ;  he  could  always  be  trusted  and  his  rank  and 
wealth  were  sufficiently  preeminent  to  prevent  others  from  being 
jealous  of  his  position.  He  did  not  make  a  good  leader  of  an  op 
position  ;  he  left  all  party  tactics  to  Fox  and  Burke,  and  devoted 
himself  more  and  more  to  his  country  life  at  his  favourite  seat, 
Bulstrode,  and  to  the  study  of  music,  of  which  he  was  passion 
ately  fond."  In  1792  he  became  allied  with  Pitt,  acting  as 
Secretary  of  State  from  1794-1801.  He  acted  as  Lord  President 
of  the  Council  until  1806,  and  was  Prime  Minister  from  1807- 
1809. 

Charles  Lenox,  third  Duke  of  Richmond,  (1735-1806),  was 
appointed  ambassador  at  Paris  by  Rockingham  in  1765,  and 
became  Secretary  of  State  the  next  year.  He  was  Master  Gen 
eral  of  Ordnance  in  1782  under  Rockingham's  second  ministry. 
He  was  the  great  grandson  of  Charles  II.,  and  the  uncle  of 
Charles  James  Fox. 

George  Montagu,  fourth  Duke  of  Manchester,  (1737-1788), 
was  appointed  Lord  Chamberlain  by  Rockingham  in  1782,  and 
later  became  ambassador  to  France. 

Augustus  Keppel,  Viscount  Keppel,  (1725-1786),  was  sent  out 
as  commodore  to  the  Mediterranean  to  form  a  treaty  with  the 
Dey  of  Algiers,  who  angrily  expressed  surprise  that  "  the  King 
of  Great  Britain  should  have  sent  a  beardless  boy  to  treat  with 
him  " ;  Keppel  replied :  "  Had  my  master  supposed  that  wisdom 
was  measured  by  the  length  of  the  beard,  he  would  have  sent 
your  deyship  a  he-goat."  In  1779,  after  an  action  against  the 
French  off  Brest,  Keppel  was  court-martialled  on  the  charges  of 
not  marshalling  his  fleet,  going  into  the  fight  in  unofficerlike  man 
ner,  scandalous  haste  in  quitting  it,  running  away,  and  not 
pursuing  the  flying  enemy  —  each  charge  a  capital  offence. 
The  charges  which  had  been  presented  by  an  inferior  officer, 
were  proved  "  malicious  and  ill-founded."  In  1782  he  be 
came  First  Lord  of  the  Admiralty  under  Rockingham's  ministry. 
For  Burke's  opinion  of  Keppel,  see  the  closing  paragraphs  of 
his  Letter  to  a  Nolle  Lord. 


NOTES.  85 

Sir  Charles  Saunders,  (1713-1775),  was  the  Commander-in- 
chief  of  the  English  fleet  which  co-operated  with  General  Wolfe 
to  capture  Quebec. 

Lord  John  Cavendish,  (1732-1796),  was  Lord  of  the  Treasury 
under  Rockingham  in  1765,  and  Chancellor  of  the  Exchequer 
in  1782  and  again  under  the  Coalition  Ministry  of  1783. 
Burke  described  him  as  "  an  accomplished  scholar,  and  an 
excellent  critic,  in  every  part  of  polite  literature,  thoroughly 
acquainted  with  history,  ancient  and  modern ;  with  a  sound 
judgment;  a  memory  singularly  retentive  and  exact,  perfectly 
conversant  in  business,  and  particularly  in  that  of  finance ;  of 
great  integrity,  great  tenderness  and  sensibility  of  heart,  with 
friendships  few,  but  unalterable ;  of  perfect  disinterestedness ; 
the  ancient  English  reserve  and  simplicity  of  manner."  Burke's 
Correspondence,  IV.  526. 

53  21.     all   equally   corrupt.     Many  believed   in  the   re 
mark,  which  Sir  Robert  Walpole  was  supposed  to  have  uttered : 
"  Every  man  has  his  price." 

54  10.     Titius  and  Maevius,  "  this  man  and  that."     These 
names  are  used  in  Roman  law  for  the  hypothetical  persons  of 
imaginary  law-suits,  like  John  Doe  and  Richard  Roe  in  English 
law.     See  the  Institutes  of  Gains. 

56  25.     conservatory.     "  A  place  where  any  thing  is  kept 
in  a  manner  proper  to  its  peculiar  nature ;  as,  fish  in  a  pond, 
corn  in  a  granary."     Johnson's  Dictionary. 

57  12.     so  sore  a  trial.     Cf.  "  these  are  the  times  that  try 
men's  souls."     Fame's  Common  Sense. 

57  1 8.     the  principles  of  our  forefathers.     "  The  feel 
ings  of  the  colonies  were  formerly  the  feelings  of  Great  Britain." 
Burke's  American  Taxation,  Works,  II.  17. 

58  22.     Many    things,    etc.     "  What    these    things    were 
Burke  states  at  length  in  his  pamphlet  on  The  Present  Discon 
tents,    published    in    1770.     In    his    opinion    the   chief    circum 
stances  were,  the  immense  and  growing  influence  of  the  Court, 
the  servility  of  Parliament,  and,  in  particular,  the  abdication 
by  the  House  of  Commons  of  its  proper  function  of  a  control 
on  the  executive  government,  and  the  supineness  of  the  people." 
(Selby.) 


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penny  postage,  transportation,  trusts, 
department  stores,  municipal  ownership  of 
franchises,  government  control  of  telegraph. 
Both  sides  of  these  and  many  other  questions  com 
pletely  debated.  Directions  for  organizing  and 
conducting  debating  society,  with  by-laws  and  parlia 
mentary  rules,  No  other  book  like  it.  Enlarged  ed*  $1,50. 


Instantaneous  Arbitrator.  Howe's  Parliamentary  Usag*. 
In  this  book,  by  an  ingenious  za'-rwa/arrangement,  the 
chairman)  the  speaker,  the  member  who  next  has  the 
floor,  or  any  one  else,  has  before  his  eyes  a  complete 
view  of  every  rule  needed  in  the  conduct  of  any  meet 
ing.  ^4//rules,  all  exceptions,  every  procedure  instantly 
accessible.  Everything  in  sight.  Does  not  have  to  be 
carried  in  the  hand  to  and  from  meeting,  \>\\\.  slips  easily 
into  and  out  of  the  pocket.  Exactly  suited  to  women's 
clubs*  too,  being  used  and  recommended  by  officers 
of  the  General  Federation,  and  the  W.  C.  T.  U.  50  C. 

New  Parliamentary  Manual.  By  Edmond  Palmer,  A.  B., 
member  of  the  Chicago  Bar.  Improves  upon 
other  parliamentary  works  by  determining  the 
reasons  the  logic,  of  the  rules;  and  by  accompanying 
the  rules  with  the  reasons  for  them,  thus  easily  and 
lastingly  fixing  them  in  the  memory.  Again  by  cloth 
ing  the  rules  in  simple  lucid  English,  and  by  arrang 
ing  them  according  to  their  importance  in  simple 
lucid  sequence,  any  man  or  woman  of  ordinary  intel 
ligence,  any  boy  or  girl,  is  enabled  to  master  them  and 
actually  to  conduct  a  meeting  without  uproar,  without 
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This  Manual  (£5"  cents) ,  giving  the  reasons,  along  with 
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by  means  of  a  clever  bird's-eye  device,  together  provide  an 
absolutely  complete  and  perfect  equipment.  The  tiuo  books 
for  ova.  DOLLAR  if  ordered  at  one  time. 

How  to  Organize  and  Conduct  a  Meeting.     75  cents. 

Character:  A  Moral  Text  Book.  By  Henry  Varnum. 
$1.50.  For  the  use  of  teachers  and  parents  in  train 
ing  youth  in  the  principles  of  conduct.  An  aid  to 
self  culture.  Not  an  essay,  not  an  elaborated  treatise 
by  the  author,  but  a  systematic  grouping  of  the  accu 
mulated  teachings  of  all  times,  assembled  from  many 
sources  in  many  lands,  and  formulating  those  precepts 
which  experience  has  rightly  designated  as  the  wisdom 
of  the  ages — a  mirror  wherein  one  may  compare  his 
own  character  with  what  the  wisdom  of  the  world  de 
clares  is  a  perfect  man.  A  book  for  both  the  young 
and  the  old.  Over  400  pages,  -with  complete  index  to 
page  and  paragraph  of  every  character-trait,  precept, 
epigram,  topic,  and  text.  Says  Dr.  Marden,  editor 
of  "SUCCESS"  :  "  You  have  certainly  covered  about 
the  whole  field  of  ethics  and  morals" 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROW 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 

Renewals  may  be  made  4  days  prior  to  date  due. 
Renewed  books  are  subject  to  immediate  recall. 


125 


- — — 


MAY  18  i 

BEO.  CIR.    flPR  3  !)  1S79 


NOV8     1979 


I  D 


JUL  18 


MAR  15  1988       \ 


,AR  2 1 1988 


LD21A-30m-10,'73 
(R3728slO)476— A-30 


U.C.  BERKELEY  LIBRARIES 


